DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, BHUBANESWAR:
C.C.No.332/ 2022
Krushna Chandra Satnami, aged about 28 years,
S/o – Babul Satnami, of village – Roida, PS- Rugudi,
Dist – Keonjhar
… Complainant
-Vrs.-
1. Regional Manager, Sriram Transport Finance Company Ltd.,
Geetanjali Complex, Near Rabi Talkies Square,
Bhubaneswar, Dist : Khurda
2. Branch Manager, Sriram Transport Finance Company Ltd.,
Badbil Branch, Near Mahindra Show Room, Badbil,
Dist – Keonjhar
…. Opp. Parties
For the complainant Sri S.Ch. Satapathy & Associates (Adv.)
For the O.Ps. Sri A.B. Majhi & Associates (Adv.)
DATE OF FILING : 29/10/2022
DATE OF ORDER : 29/08/2023
ORDER
K.C.RATH, PRESIDENT
1. This is an application U/s 35 of the C.P.Act, 2019.
2. The complainant’s case in brief is that, he had availed a loan of Rs.3,50,000/- from the OPs in order to purchase a Bolero Car. After availing the loan, he purchased the vehicle bearing registration number OD-09-0033. For the purpose of availing the loan, the complainant executed a loan agreement with the OPs. After purchase of the said car, the complainant started repaying the monthly installments @ Rs.13,400/-. It is alleged by the complainant that the OPs have not supplied any document to the complainant in connection with the loan agreement. When the complainant paid all the installments, he demanded for NOC/ NDC. But the OPs did not issue the NOC/ NDC in favour of the complainant. As it amounts to deficiency in service on the part of the OPs, the complainant filed this complaint.
3. On the other hand, the OPs filed written version challenging the maintainability of the complaint petition. According to the OPs, the complaint is not maintainable either in law or in fact. The complainant was a chronic defaulter. He did not pay the monthly installments regularly. As on 09/12/2022, there was an outstanding of Rs.12,59,796.68 against the complainant. As per the hypothecation agreement, the OPs have the right to repossess the financed vehicle. There is no cause of action to file such complaint. As the complaint bears no merit, it is liable to be dismissed with cost.
4 Perused the materials on record. The complainant had availed loan from the OPs in order to purchase the Bolero Car and the said car was hypothecated to Sriram Transport Finance Company Ltd. The current statement of account so furnished by the OPs shows that, there was an outstanding of Rs.12,59,796.68/- against the complainant. The allegation of non-supply of any document relating to the loan account is unfounded. Had it been so, the complainant could have come to this Commission immediately after execution of the loan agreement. But he came to the Commission only after the default was committed on his part and the OPs tried to repossess the vehicle. Keeping in view the totality of the facts & circumstances of the case, we do not find any deficiency in service on the part of the OPs nor is there any unfair trade practice on their part. As such, the complaint bears no merit. Hence it is ordered.
ORDER
The complaint is hereby dismissed on contest against the OPs being devoid of merit.
The order is pronounced on this day the 29th August, 2023 under the seal & signature of the President and Member (W) of the Commission.
(K.C.RATH)
PRESIDENT
Dictated & corrected by me
President
I agree
(S.Tripathy)
Member (W)
Transcribed by Smt. M.Kanungo, Sr.Steno
