Orissa

Kendujhar

65/2014

Parthendu Kumar Sahu - Complainant(s)

Versus

1. Branch Head, Cholamandlam Investment&Finance Company Ltd. Keonjhar Branch - Opp.Party(s)

Sri H.S. Mallick & Associates

23 Jun 2016

ORDER

IN THE COURT OF THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KENDUJHAR

CONSUMER COMPLAINT CASE NO. 65 OF 2014

 

Parthendu Kumar Sahu, aged about 31 years,

S/o- Bidyadhar Sahu,

At- Badakothapatna part, P.O- Atopur, P.S- Town,

Dist- Keonjhar, Odisha                 ………………………………….Complainant

                                     Vrs.

1. Branch Head,

Cholamandalam Investment & Finance Company Ltd.

Keonjhar Branch, At- Mining Road, near ICICI Bank,

P.O- Keonjhargarh, P.S- Town,

Dist- Keonjhar, Odisha

2. State Head,

Cholamandalam Investment & Finance Company Ltd.

Annapurna Complex 559,

Lewis Road, Cuttack-Puri Road,

Bhubaneswar- 751014             .………………..………………..Op. Parties

 

PRESENT- SRI AKSHAYA KUMAR PUROHIT, PRESIDENT

                   SRI S.C. SAHOO, MEMBER

Advocate for Complainant- Sri H.S. Mallik & Associates

Advocate for OPs- Sri A.K. Pattnaik & Associates

____________________________________________________________________

Date of Hearing -17.05.2016                                              Date of Order - 23.06.2016

Sri S.C. Sahoo, Member: The brief facts of the complaint is that the complainant had availed a vehicle loan from OP No.1 and the said vehicle was registered in the R.T.O, Keonjhar bearing Regd. No.OR-09N-7321 (TATA 2518) Ten Wheeler Truck. The loan was financed by OP after executing loan agreement on 31.12.2010 for the financed amount of Rs.14,10,000/- which was to be repaid by the complainant in 47 EMIs @Rs.40,320/- each starting from 01.02.2011 to 01.12.2014 for maintaining his livelihood by transporting Iron ores. But due to stringency of administration restriction and bottleneck of mining scam the complainant was put into financial crisis and with much hardship made repayment of loan collecting from friends and relatives. However, the complainant could have made payment of Rs.17,47,980/- only out of Rs.18,54,720/- leaving a balance of Rs.1,06,740/- within stipulated period of agreement. But the OPs are all on a sudden with an ill motive to seize the vehicle furnished a wrong A/C statement of loan amount by imposing O.D and other miscellaneous charges like FVC of Rs.100/- on 06.12.2011 and O.D Rs.1613/- only on 01.01.2012 which is recurring and increasing on different dates making a total of Rs.2,12,724/- as against Rs.1,06,740/- i.e. till completion of 47 EMIs and without giving prior notice/ intimation the alleged vehicle had been notified/ circulated in their “Repo list” which was to be seized by the OPs in the meantime and near future and the acts the OPs are very negligent and deficient in discharging duties by the OP and the vehicle while proceeding towards Suakati for loading iron ores and on the way at Dangapani the alleged vehicle met mechanical defects for which the driver had off road the vehicle at a garage at Anjar on 13.11.14 when the OPs through their agents tried to seize the vehicle and the wrong calculated amount imposing O.D and FVC causing wrongful loss to the complainant for wrongful gain by the OPs which are amounting to mental agony and financial loss to the complainant. Hence, this complaint,    

           After service of notice the OPs appeared and filed their joint version by stating that the complaint as filed by the complainant is not maintainable in the eyes of law and facts and there is neither any deficiency in service nor any “cause of action” arised to institute this complaint by the complainant and the allegation of tried to repossess the alleged vehicle is false and baseless without having evidence rather the complainant has failed to discharge his contractual liability to pay the EMIs in time and the law is well settled that to a contract when the complainant has failed to discharge his contractual liability/ obligation is not entitled to seek relief in a court of equity. Admittedly in this instance case the complainant is a defaulter and for the moment the recovery agents had ever visited the house of the complainant does not mean to be construed as attempt to repossess the alleged vehicle in question but normally the recovery agents visited the house of the defaulter customers in order to persuade them to clear their liabilities cannot be construed as any “deficiency in service” and the present complaint relates to account dispute and the law in this regard is well settled that the consumer fora lacks Jurisdiction to decide such dispute and no cause of action has arisen as on date and the complainant has failed his obligation as per contract has approached this Forum with unclean hands by narrating false, frivolous and concocted stories without support of any evidence and the complaint is a premature as there is neither any repossession nor any other cause of action. Hence, the instant complaint deserves not maintainable is liable to be dismissed.

          Heard, the learned counsels for the contesting parties and gone through the materials available in record. It is not disputed by the OPs regarding finance of the alleged vehicle OR-09N-7321 (TATA 2518 Truck). The only dispute/ allegation by the complainant as enshrined in the complaint is whether genuine or not?

         In this context, the learned counsels for the complainant submitted that the complainant had almost repaid Rs.17,47,980/- out of Rs.18,95,040/- with good motive and within the stipulated period. But the OPs have demanded Rs.2,12,724/- as excess by charging FVC, O.D on different dates than the Rs.1,06,740/- is to be repaid by the complainant for which the agents of the OPs tried to seize the alleged vehicle.

        On the other hand, the learned counsel for the OPs have submitted that the present complaint as filed by the complainant is having no merit as there is no cause of action as on date to initiate this proceeding and the complaint is premature as there is neither any repossession nor any other cause of action arisen so far for warranting intervention of this Forum. Further the learned counsel for the OPs submitted that the present dispute relates to account dispute and the law is well settled that this forum lacks Jurisdiction to decide such dispute.

         With these pleadings, arguments and materials available in record it observe that the present proceeding is premature and there is no cause of action as arisen as on date and neither any repossession nor any cause of action has arisen and to this effect the complainant has not adduced any evidence inconnection to ascertions ans allegations contends in the complaint are false and fabricated and the complainant has resorted without any document in order to attribute deficiency of service against the OPs and the Forum constituted under the C.P. Act-1986 is not proper Forum for taking account and deciding the A/C due to any parties that is to be done only by Civil Court of competent Jurisdiction. Hence,              

O R D E R

The complaint petition of the complainant is dismissed having no merit without cost & compensation.

                         Accordingly, the complaint petition is disposed of.

 

                                                                                                                                                                                           I agree                                                                   

                 (Sri S.C. Sahoo)                                                                                                                                          (Sri A.K. Purohit)                     

                       Member                                                                                                                                                        President                               

              D.C.D.R.F Keonjhar                                                                                                                                     D.C.D.R.F Keonjhar

 

                                                                                                                                      Dictated & Corrected by me

                                                                (Sri S.C. Sahoo) 

                                                             Member, D.C.D.R.F Keonjhar