Date of filing:- 12/06/2020. Date of Order:-08/05/2023.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION,
B A R G A R H.
Consumer Complaint No. 48 of 2020.
Laxmi Kour, aged about 55(fifty) years, W/o. Dillip Singh, D/o. Jogendra Singh, Resident of Kapileswar Nagar, Near U.P. School, W.No. 16, Bargarh, Po/Ps/Dist. Bargarh. Complainant.
V e r s u s
- The Branch Manager HDB Financial Services Ltd. Bargarh. HDB Financial Services Ltd, Bargarh Branch, Bargarh, At. Near Bhatli Chowk, Near Kishori Nursing Home,Bargarh, Po/Ps/Tahasil/Dist. Bargarh.
- The Branch Manager, HDB Financial Services, Plot No. 358/3478, Ground Floor, Jayadev Vihar, Near Biju Pattnaik College, Unit. 16, Bhubaneswar 751013(Odisha).
- The General Manager, HDB Financial Services Ltd, Radhika Show Room, Sindurpank, Sambalpur,Ps/Dist.Sambalpur(Odisha).
Opposite Parties.
Counsel for the Parties:-
For the Complainant :- :- Sri K. Sahu and Associates.
For the Opposite Party No.1,2,3 and 4 :- :- A.K. Sahu with Associates.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agarwal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.08/05/2023. -: J U D G E M E N T:-
Presented by Smt. Jigeesha Mishra, President :-
- The Case of the Complainant is that the Complainant is that the Complainant is the owner of vehicle bearing registration No. OD-17P-7063, which is a Truck bearing chasis No. MBINACHD4JPYF4563 and Engine No. JYPZ144671. The said truck has been financed by the company of the Opposite Parties. The Complainant is liable to pay 52 instalment having Rs. 67,380/-(Rupees sixty seven thousand three hundred eighty)only per month towards the finance amount of Rs. 26,72,512/-(Twenty six lakh seventy two thousand five hundred twelve)only. The Complainant has paid 12 numbers of instalment and failed to pay the money of 3 instalments till 04/03/2020 out of rest instalments. The Complainant could not pay the installment due to medical problem and subsequent lock down during covid 19. 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 paise)only. The financing authority i.e. Opposite Party No.1 and 2 have seized the vehicle forcefully without giving any notice to the Complainant on dated 04/05/2020. The vehicle was seized by the Opposite Party unlawfully and without following COVID guideline announced by the Govt. In the meantime the Opposite Parties are trying steps to sell away the vehicle unauthorizedly. The Complainant met the authorities of Opposite Party No.1and talked over phone to the Opposite Party No.2 and requested them to return the vehicle but they directed her to pay the total outstanding to get the vehicle. The Complainant requested the Opposite Parties not to sale the vehicle and the Complainant shall pay the balance amount with regular instalment without default.
But the Opposite Parties have made a deaf ear to it. Hence the Complainant filed this case for deficiency in service of the Opposite Parties.
- The case of the Opposite Parties is that the Opposite Party filed their version and admitted that finance has been granted to the Complainant. The Opposite Parties submitted that the Complainant is not a Consumer as the vehicle is used for commercial purposes. Further the Opposite Parties submitted that the Complainant did not take any step to pay the defaulted dues in order to release the vehicle. The Opposite Party finance Company was forced to send a presale notice terminating the agreement demanding foreclosure amount towards full and final settlement of the loan amount. On such payment being made the petitioner would allowed to take delivery of the said vehicle which has also not been complied by the petitioner. To avoid much financial loss and depreciation of the value of the said vehicle, the Opposite Party Finance company forced to sold the vehicle as through auction sale. Due procedure has been followed by the Opposite party and there is no deficiency in service.
- Perused the documents filed by the Complainant and the Opposite Parties following issues are framed :-
ISSUES:-
1.Whether the Complainant is a Consumer of the Opposite Parties ?
2.Whether due procedure has been adopted by the Opposite Parties for repossession of the vehicle and auction sale ?
3.What relief the Complainant is entitled to get ?
Issue No.1.
The Opposite Parties submitted that the Complainant is not a Consumer as the vehicle is used for commercial purposes. The Complainant challenged the arbitrary action of the Opposite Party in this case and specifically mentioned in her Complaint petition that she is maintaining her livelihood by the said vehicle. The Opposite Party fails to prove that the Complainant has other source of income. Accordingly the Complainant is a Consumer of the Opposite Parties and this Commission has jurisdiction to entertain this case.
Accordingly the issue is answered.
Issue No.2.
From the document filed by the Complainant it reveals that the Opposite Party has issued pre sale notice dated 04/05/2020. No document was filed by the Opposite Parties except the account statement of the loan. The Opposite Party has not submitted any documents relating to auction sale, who are the bidders, the bid price etc. related to auction sale. Non submission of auction sale documents proves that due procedure has not been followed by the Opposite Parties and to suppress such fact simply said:-
The vehicle in question had been sold after following due procedure as per terms and condition of the loan agreement.
The Opposite Parties are deficient in their service by not following the procedure of law. Accordingly the issue is answered against the Opposite Parties.
Issue No.3.
According to the account statement submitted by the Opposite Parties the finance amount is Rs. 26,72,512/-(Twenty six lakh seventy two thousand five hundred twelve)only. Installment start date is 04/01/2019 and installment end date is 04/09/2023. The Opposite Party company received Rs. 8,08,720/-(Rupees eight lakh eight thousand seven hundred twenty)only from the Complainant upto 29/01/2020.
The Details payment are given below:-
Date Amount Cheque/Cash
- 05/01/2019 Rs.67,380/- Cheque.
- 05/02/2019 Rs.67,380/- Cheque.
- 05/03/2019 Rs.67,380/- Cheque.
- 05/04/2019 Rs.67,380/- Cheque.
- 05/05/2019 Rs.67,380/- Cheque.
- 05/06/2019 Rs.67,380/- Cheque.
- 05/07/2019 Rs.67,380/- Cheque.
- 07/08/2019 Rs.67,380/- Cheque.
- 06/09/2019 Rs.67,380/- Cheque.
- 31/10/2019 Rs.29,500/- Cash.
- 06/11/2019 Rs.10,500/- Cash.
- 18/11/2019 Rs.5,000/- Cash.
- 22/11/2019 Rs.22500/- Cash.
- 06/12/2019 Rs.28,000/- Cash.
- 16/12/2019 Rs.18,000/- Cash.
- 23/12/2019 Rs.21,400/- Cash.
- 18/01/2020 Rs.30,000/- Cash.
- 29/01/2020 Rs.37,400/- Cash. Total Amount Rs.8,08,720/-
(Rupees eight lakh eight thousand seven hundred twenty)only.
For deficiency in service of the Opposite Parties the Complainant is entitled to get relief. The Opposite parties stated that the vehicle has been sold, hence it is not possible to give direction to return the vehicle. Accordingly it is Ordered :-
O R D E R
The Complaint is allowed on contest against the Opposite Parties. The Opposite Parties are directed to refund Rs. 8,08,720/-(Rupees eight lakh eight thousand seven hundred twenty)only with 7% interest P.A. w.e.f. 29/01/2020 towards amount paid by the Complainant for the vehicle. Further the Opposite parties are directed to pay Rs. 50,000/-(Rupees fifty thousand)only compensation for harassment and mental agony and Rs. 10,000/-(Rupees ten thousand)only for litigation expences within one month of this order. Failing which the entire amount will carry 12% interest P.A. till realization.
Order pronounced in open court on this 08th day of May 2023.
Supply free copies to the parties.
Typed to my dictation
and corrected by me.
I agree/-
( Smt. Anju Agrawal ) ( Jigeesha Mishra )
Dt.08/05/2023 Dt.08/05/2023
M e m b e r (w) P r e s i d e n t.
