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K. B. SANGANNANAVAR, DIVYASHREE M., LADY
Karnataka Bank, Rep. by its General Manager – Appellant
Versus
Nagaraj T. S. – Respondent
ORDER
K.B. Sangannanavar, Judicial Member—This is an Appeal filed U/s.15 of C.P Act, 1986 by OPs in CC No.208/2018 on the file of District Consumer Disputes Redressal Forum, Chitradurga, aggrieved by the order dated 08.08.2019.
2. Commission examined grounds of Appeal, impugned order and heard learned counsel for Appellant.
3. Learned counsel for Appellant submits that Forum below before recording finding on point No.1 by the end held once OPs have collected amount from the complainant towards full and final settlement, question of asking again does not arise at all is not correct, since complainant/loanee at the relevant time was still due of Rs.3,15,594-20 and the Forum below failed to consider such vital aspect of the matter directed OPs to give the vehicle loan clearance certificate within 30 days and awarded compensation of Rs.10,000/-, which in our view is un sustainable. Learned counsel for the Appellant to find support case of OPs/Appellant relied on a decision reported in IV (2020) CPJ 191 (NC) in a case of HDFC Bank Limited versus Nilesh Mangaldas Shah & Ors., wherein held,
Default in payment of installments – Allegedly notice not given – Deficiency in service alleged –
Repossession – Merely because the OP-1 Bank had repossessed the vehicle due to repeated defaults of EMIs without giving due notice to the Complainant, the Complainant is not absolved of his liability....
The court affirmed that the vehicle was legally repossessed due to the complainant's failure to repay the loan, with no proven defects in the vehicle.
Return of Documents – OP bank has no option except to return the documents withheld by them which were deposited at the time of availing mortgage loan.
Deficiency in Service – Adjustment of loan amount towards EMI by auction sale of vehicle does not amount to deficiency in service.
Repossession of hypothecated goods without prior notice constitutes deficiency in service, violating consumer rights.
Revisional Jurisdiction – In exercise of revisional jurisdiction, NC has no jurisdiction to interfere with concurrent findings recorded by Forum & SC, which are on appreciation of evidence on record.
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