Orissa

Sambalpur

cc/52/2018

Sudhansu Kumar Pradhan - Complainant(s)

Versus

1- Maa Samaleswari Automobiles - Opp.Party(s)

30 Aug 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Case No- 52/2018

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

 

Sudhansu Kumar Pradhan

S/o-Srinibash Pradhan

At- Jambumunda, Po- Para, Ps- Kundheigola,

Dist-Deogarh                                                                 ………..…..Complainant

 

Vrs.

1. Maa Samaleswari Automobiles

N.H.-6 Ainthapali, Sambalpur

2. The Branch Manager,

Tata Motors Finance Ltd.

Dist-Deogarh

3. The Regional Office

Tata Motors Finance Ltd.

Dist-Sambalpur

Counsels:-

1. For the Complainant                   :-         Sri. B.B.Pattnaik, Advocate & associates
2. For the O.P. 1                              :-         None
3. For the O.P.2 & 3                        :-         Sri. A.K.Sahoo & R.Gupta & Associates

 

DATE OF HEARING :13.07.2022, DATE OF JUDGEMENT : 30.08.2022

           Presented by Sadananda Tripathy, MEMBER,

1. The Brief fact of the Complainant is that the Complainant is the owner of a Zest XE QJT 75PS vehicle bearing Registration No. OD-15-J-1848 and the OP No. 1 is the authorised dealer of the Tata Motors Limited and OP No. 2 who provided finance to the Complainant under Hire Purchased Agreement vide no 5002026736 which starts from 26.05.2016 and the OP No. 3 is the regional office of OP No. 2. The Complainant has paid initial Hire amount of Rs. 1, 60,000/- and accordingly the finance was disbursed by the OP No. 2. The Complainant has paid a sum of Rs. 2, 62,500/- in 19 installments to the OP No. 2 till dtd. 20.08.2018. The Complainant was paying the istallments regularly till December 2017 through the agent of OP No. 2 but in the month of January and February 2018, the agent collected the installments amount from the Complainant but did not issue receipts to that effect for which, the Complainant stopped paying the installments and asked the agent to give the money receipts for the same after that only he will pay the installments. In this process there are 6 nos. of instalments is unpaid on the part of the Complainant. On 07.08.2018 when the vehicle was at Sambalpur, without any reason some people claiming themselves to be the agents of OP No 2 & 3 snatched the vehicle forcibly from the Complainant illegally without assigning any reason for which the Complainant was suffering financially and he has lost his credibility and reputaion. Inspite of several requests by the Complainant the OP No. 2 & 3 did not take any steps to release the vehicle in favour of the Complainant. The Complainant had gone to the office of Ops and asked them to issue account statement in respect of his loan account, but the Ops blatantly refused. The Ops had snatched away the vehicle from the possession of the Complainant without serving any proper notice to the Complainant. The Complainant has also filed a interim petition in which the Hon’ble Forum passed an order directing the Complainant to furnished a sum of Rs. 70,000/- to the OP No. 2 and after receiving the same amount the OP No.2 was directed to release the vehicle forthwith without demur. But the OP No. 2 & 3, both denied for receipt of any order from the Hon’ble Forum and refused to receive the amount and to release the vehicle. Thereafter the Complainant filed an another petition before the Hon’ble Forum in which the Hon’ble Forum redirecting Ops 2 and 3 to release the vehicle after accepting the tender amount of Rs. 1,00,000/- from the side of the Complainant. Further the Complainant is directed to tender the amount within 7 days of that order.
2. The written statement of O.P No. 2 & 3 is that the Complainant approached the OP Finance company for financing a Tata Zest vehicle and after due procedure a loan of Rs. 5,65,002/- was sanctioned with total contract value of Rs. 8,57,842/- including Finance amount, insurance provision and finance charges was sanctioned in favour of the Complainant. Due to frequent and intentional default in payment of legal dues, the matter was referred to Arbitration as per Arbitration clause in the agreement before the Sole Arbitrator on 19.04.2018. On 23.04.2018, an application U/S 17 of Arbitration and Conciliation Act, 1996 was moved and after hearing the Petition, an order U/S 17 was passed for repossession of the vehicle in accordance with Arbitration and Conciliation Act, 1996. Thereafter, notice was issued to the Complainant for his appearance and on non-appearance another notice was issued on 02.06.2018 to appear on 21.07.2018. An award has been passed in favour of the Tata motors finance Ltd., on 13.10.2018 entitling to repossess and sell the vehicle make Zest XM bearing registration No. OD 15 J 1848 in accordance with law for recovery of the amount of Rs. 6, 35,189.74/- as awarded. The seizure of the vehicle was in accordance to the Order passed U/S 17 of the Arbitration and Conciliation Act, 1996.
3. From the above it is found that the allegation made by the Complainant against the O.Ps is not correct. There was already an Arbitration Award passed by the sole arbitrator in the matter and this fact has been suppressed by the Complainant.  So it is ordered that the case is dismissed on contest.

                        Order pronounced in the open Court today on 30th day of Aug, 2022.

Free copies of this order to the parties are supplied.