BEFORE THE DIST.CONSUMER DISPUTES REDRESSAL FORUM, KHURDA, BHUBANESWAR:

                                                -ooOoo-

C.D. CASE NO. 304/ 2019

M/s Ram Laxman Transport through its

Prop. Sunil Kumar Behera, aged about 25 years,

S/o Ram Chandra Behera, At / PO – Jagannathpur,

PS- Coliary, Dist- Angul, Odisha,

Now office at – Saheed Nagar, Bhubaneswar.

                                                                            ….     Complainant

                 -Vrs.-

1.       Branch Manager,

TATA MOTORS FINANCE LTD.,

          At - Kesari Talkies,

          Bhubaneswar,  Dist – Khurda.

2.       RTO, Angul.

                                                                             ….     Opp. Parties        

EXTRACT OF THE ORDER NO.03: DATED:23/10/2019

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Learned counsel for the complainant is present. Heard on the question of admissibility of the complaint and perused the record.

          The fact of the case in brief is that on 31/03/2016, the  complainant availed two loans of Rs.28,00,965/- each from the OP No.1 for purchase of  Truck  bearing registration No.OD-19-K-2297 and  OD-19-J-7893 and  started paying the installment amount @ Rs.60,900/- regularly. But due to default in paying EMIs,  the OP.1,  forcibly seized the vehicles  on 18/05/2019 by use of force without issuing any pre-seizure notice to the complainant which ultimately led the complainant  to file this case U/s 12 of the C.P.Act, 1986 praying for directing the OP No.1 to release the vehicles along with other relief.

Thus, from the averments made in the complaint petition, we find that the value of the goods purchased  and services availed in respect of which,  the relief has been sought for in this case,  exceeds  Rs.20,00,000/- which is beyond the pecuniary jurisdiction of the District Forum  as prescribed  in section- 11(1)  of the C.P. Act, 1986. Therefore, in view of the recent decision of Hon’ble National Commission in case of Gurumukh  Singh Vrs: Greater Mohali Area Development Authority and Another reported in 2018 (2) CPR 111 (NC),  we are of the view that this Forum has got no  pecuniary jurisdiction to entertain the present complaint.

Hence in the interest of justice, it is hereby ordered that the complaint be returned to the complainant for being presented in the  appropriate Forum having jurisdiction to entertain the same and  grant the relief claimed.

Sd/-Member                            Sd/-Member(W)              Sd/-President

(B.R.SWAIN)                          (MISS K.NAYAK)         (P.C.MISHRA)