Date of filing:-09/03/2018.
Date of Order:-24/09/2018
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM(COURT)
B A R G A R H.
Consumer Complaint No. 28 of 2018.
Gunnam Satish Choudhury, aged about 30(thirty) years, S/o. G. Srinivas, resident of Bhalupali, Attabira, P.o./P.s./Attabira, Dist. Bargarh -768028 (Odisha) ... ..... .... Complainant.
-: V e r s u s :-
Branch Manager Induslnd Bank, Bargarh Branch, Bargarh At. Near Bhatli Chowk, Near Hero Honda Showroom, Bargarh, P.o./P.s./Tahasil/Dist. Bargarh.
Branch Manager Induslnd Bank, Sambalpur Branch, Sambalpur in front of L.I.C. Building, Budharaja Road, Sambalpur, P.o./P.s./Tahasil/Dist. Sambalpur.
Puspa Nath Stock Yard, N.H. 53, Beside Ashok Leyland Showroom, Sindurpank, Sambalpur. ..... ..... ..... ...... Opposite Parties.
Counsel for the Parties:-
For the Complainant :- Sri M.K. Satpathy, Advocate with others Advocates.
For the Opposite Party No.1(one) :- Exparte.
For the Opposite Party No.2(two) :- Exparte.
For the Opposite Party No.3(three) :- Ex-parte.
-: P R E S E N T :-
Sri Krishna Prasad Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Ajanta Subhadarsinee ..... ..... ..... ..... ..... M e m b e r (W).
Dt.24/09/2018. -: J U D G E M E N T:-
Presented by Ajanta Subhadarsinee, Member (w):-
The Complainant has filed this case U/s 12 of Consumer Protection Act 1986, against the Opposite Parties alleging deficiency in service and adopting unfair trade practice.
The brief fact of the case is that the Complainant is the owner of a HGV Truck bearing Regd No. OD 17J 2430 and Chasis No. MC2F8HRCOGD 115873 (2) Engine No. E413CDGDO80755. The Opposite Party No. 1(one) and 2(two) are the Branch Manager of Induslnd Bank, Bargarh and Sambalpur Branch respectively and the financing Authorities of the said vehicle of the Complainant. And Opposite Party No.3(three) is Puspanath Stock yard, Sindurpark, SBP. The said vehicle was financed by Opposite Party No.2(two) for a total finance amount of Rs.13,50,000/-(Rupees thirteen lakh fifty thousand)only with a condition to repay the said amount in 48 installments @ Rs.38,100/-(Rupees thirty eight thousand one hundred)only per month. The Complaint has paid 16(sixteen) nos of installment through Opposite Party No.1(one) but failed to repay the Money of 3 installments till Dt. 28/02/2018, out of the rest installments, due to some medical problems of his father and some defects occurred in the vehicle for about a month. As such the Complainant has got an over dues of Rs.95,198.75/-(Rupees ninety five thousand one hundred ninety eight and seventy five paisa)only out of which the Complaint has paid Rs.50,000/-(Rupees fifty thousand)only on Dt. 21/02/2018 to the Opposite Parties.
Further the Complaint contends that on Dt.06/03/2018 the financing Authorities i.e. the Opposite Party No.1(one) and 2(two) have seized the vehicle forcefully without giving prior notice to the Complainant and after the seizure they kept it under the custody of Opposite Party No.3(three), in the open space exposed to all weather condition wherein every chance of damage to the said vehicle.
Again it came to the knowledge of the Complainant that the Opposite Parties are trying to sell away the vehicle unauthorizedly in a very nominal price. Then the Complainant has met Opposite Party No.1(one) and No.2(two) and requested them to return back the vehicle to him and not to sell. But the Opposite Parties directed him to pay the total outstanding amount, where the Complainant was not able to repay the entire installments at a time, due to medical problems of his father and the mechanical trouble of the vehicle.
Further the Complaint contends that the Complainant is a bona fide consumer and he is maintaining his livelihood by the said vehicle and unless the vehicle will be released in his favour, he will be a street beggar. Due to such acts and conducts of the Opposite Parties, the Complainant is suffering from a great mental agony and financial harassment and prayed before the forum that the Opposite Parties may kindly be directed not to sell the vehicle and to receive the defaulted installments regularly and to release the same in favour of him and any other reliefs if deemed fit by the forum.
The Complainant in support of his contention has filed the following documents :-
Xerox copy of RC Book of the vehicle bearing Regd No. OD 17J 2430 (2 sheets).
Xerox copy of Fitness certificate of the vehicle bearing Regd No. OD-17-J-2430(1 sheet).
Xerox copy of Insurance Certificate of the vehicle bearing Regd No. OD-17-J-2430(1 sheet).
Xerox copy of Pan card of the Complainant(1 sheet).
Xerox copy of permit of the vehicle bearing Regd No. OD-17-J-2430(1 sheet).
Xerox copy of Repossession inventory list of the vehicle bearing Regd No. OD-17-J-2430(1 sheet).
Internet copy of account of statement relating to the vehicle(5 sheets).
Having gone through the Complaint and its supporting documents and on hearing the advocate for the Complainant the case was admitted and notices were served on the Opposite Parties for their appearance and version. And in extracted copy of the interim order also supplied to the Opposite Parties with the notices. SR back from the Opposite Parties, Service sufficient. But they did not appear before the forum even being sufficiently served with the notices till Dt. 03/09/2018. Hence the Opposite Parties were set ex-parte on Dt. 03/09/2018 and the case was posted for ex-parte hearing. Heard the matter from the Complainant and posted for ex-parte order accordingly.
After careful scrutiny of the case record and hearing the Complainant we are of the view to decide the matter on merit on the basis of the material available in the record. The following points of issues to be decided for proper adjudication of the case.
Whether the Opposite Parties have committed any deficiency in service or unfair trade practice as alleged by the Complainant ?
Whether the Complainant is entitled for the reliefs as claimed for ?
Firstly, while discussing on the Issue No.1(one), on perusal of the Complaint petition and the materials available in the record, it reveals that the Complainant has purchased one EICHER PRO IIIOXP, HGV Truck bearing Regd No. OD 17J 2430, Chassis No. MC2F8HRCOGD115873 and Engine No. E413CDGD080755, financed by the Opposite Party No.2(two) for an amount of Rs. 13,50,000/-((Rupees thirteen lakh fifty thousand)only who is carrying out its business through Opposite Party No.1(one) at Bargarh also and the Complainant has to repay Rs.38,100/-(Rupees thirty eight thousand one hundred)only per month against the total finance amount, in 48(forty eight) installments as per the condition among them. But the Complainant has paid only 16(sixteen) nos of installment regularly except the installments for the month April, October and january due to medical problems of his father and some defect occurred in the said vehicle. So the Complainant has failed to repay 3 (three) nos of installments till Dt. 28/02/2018. and at last the Complainant has paid Rs. 50,000/-(Rupees fifty thousand) only on Dt. 21/02/2018 to the Opposite Parties. But in the meantime on Dt. 06/03/2018 the financing authorities i.e. Opposite Party No.1(one) and 2(two) have seized the vehicle forcefully without giving any prior notice to the Complainant which amounts to unfair trade practice by the Opposite Parties towards their customer /Consumer.
Thereafter the Complainant has met the Authorities of Opposite Party No.1(one) and No.2(two) and requested them to return the vehicle by receiving the due installments amounts from him upto March-2018. But the Opposite Parties asked him to pay the entire balance amount, at a time.
Hence, the Complainant has filed this case with a prayer to give direction to the Opposite Parties to release the said vehicle from them, for which he would pay the rest amount of Rs.45,189.75/-(Rupees forty five thousand one hundred eighty nine and seventy five paise)only up to March-2018.
The Complainant has also field a petition U/s 13(3) B of Consumer Protection Act with the complaint petition for an interim order. On perusal of record and hearing from the advocate from the Complainant/Petitioner and the petition filed by the Complainant U/s 13(3)B of Consumer Protection Act-1986, we allowed the petition and thereby directed the Opposite Parties from restraining to sell the said vehicle and to handover the same to the Petitioner bearing regd No. OD-17-J-2430 immediately to the Complainant after receiving Rs.45,198.75/-(Rupees forty five thousand one hundred ninety eight and seventy five paise)only from him and the Complainant was directed to pay the amount of Rs.45,198.75/-(Rupees forty five thousand one hundred ninety eight and seventy five paise)only within 22 March 2018 to the Opposite Parties in that regard. The extract copy of that order was also issued to the Opposite Parties along with the notice for Compliance and their appearance and version.
But in spite of receive the notice from the Forum, the Opposite Parties remained silent in that regard, and neither appeared personally nor filed their version through any counsel to counter the complaint case and to disprove the case of the Complainant. In the light of the above discussion it clearly revels that the Opposite Parties have forcefully taken away the vehicle from the Complainant without giving prior notice to him and also disobey the order of the Hon'ble Forum.
Secondly, while we examined as to whether the Complainant is entitled to the relief sought for by him, as we have already examined the question as to whether the Opposite Parties are deficient in rendering service to the Complainant and has played unfair trade practice and have already given our view earlier against the Opposite Parties. Now it is clear enough to express our view that the Complainant is obviously entitled to the claim sought for by him for which all the Opposite Parties are jointly and severally liable, thus the order follows:-
-: O R D E R :-
The Opposite Parties are jointly and severally directed to handover the above said vehicle bearing Regd No. OD-17-J-2430 and Chassis No. MC2F8HRCOGD 115873 and Engine No. E413CDGDO80755 to the Complainant after receiving Rs.45,198.75/-(Rupees forty five thousand one hundred ninety eight and seventy five paise)only form him and the Complainant is directed to pay the amount of Rs.45,198.75/-(Rupees forty five thousand one hundred ninety eight and seventy five paise)only to the Opposite Parties at the first instant and to repay the installments regularly to the Opposite Parties thereafter and also directed to the Opposite Parties pay an amount of Rs.5,000/-(Rupees five thousand)only as compensation and Rs.2,000/-(Rupees two thousand)only only as litigation cost caused to the Complainant and in default of which the total amount would carry an interest @ 10%(ten percent) per annum till the actual realization of the amount.
In the alternative since the present status of the vehicle has not been disclosed by either Parties in the case if the said vehicle has been sold, the Opposite Parties are directed to refund the total installment amount paid by the Complainant to them as aforesaid, with interest @6%(six percent) per annum from the date of last payment of the installment till receive of this Order within thirty days from receive of this order failing which the total amount would carry an interest @ 16%(sixteen percent) per annum till the actual realization of the amount.
The case is allowed against the Opposite Parties and order is pronounced in the open Forum on Dt.24/09/2018 and disposed off accordingly
Typed to my dictation
and corrected by me.
( Ajanta Subhadarsinee)
M e m b e r.
I agree,
( Sri Krishna Prasad Mishra)
P r e s i d e n t.
