PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR
CONSUMER COMPLAINT NO. 35/2022
Present-Dr. Ramakanta Satapathy, President,
Sri. Sadananda Tripathy, Member,
Tripurari Banchhor,
S/O- Phulkumar Banchhor,
R/O-Palas,Po-Naikpada, Ps-B.M.Pur,
Dist-Subarnapur-768004. ……..Complainant
Versus
- Branch Office, Bajaj Finance Ltd
Block Chhak, Bolangir Road,
Subanapur, Dist-Subarnapur.
- Headquarters Office at Bajaj Auto Ltd.(Legal Department)
C/O-Old Materials Gate, Akardudi, Jamuna Nagar,
Pune, PIN-411035, Maharastra.
- Regional Office Bajaj Finance Ltd.
Pardhiapali, PO-Sankarma, Ps-Ainthapali,
Sambalpur-768004. …...Opp.Parties
Counsels:-
- For the Complainant :- Sri. N. Suna & Associates
- For the O.P.s :- Sri. A.K. Sahoo, Advocate & Associates
Date of Filing:13.05.2022,Date of Hearing :03.07.2023,Date of Judgement : 25.07.2023
Presented by Dr. Ramakanta Satapathy, PRESIDENT
- The case of the Complainant is that the Complainant purchased a Bajaj CT-100 two wheeler No. OD-15G-5200 availing finance from O.P. No.1. O.P. No.2 is the Head office and O.P. No.3 is the regional office Authorised agent of O.P. No.1 Anil Nag collected Rs. 5608/- towards two number of installments but not deposited with the O.Ps. On 12.04.2022 the agent acknowledged through an affidavit. The O.Ps issued a statement showing due Rs. 41,052/-and other miscellaneous amount Rs. 21,665/-, Rs. 19846 and Rs. 18,241/- totalling Rs. 59,752/-. RS. 27,637/- EMIs and down payment of Rs. 18,700/- totalling Rs. 46,818/- has already been paid to the O.Ps Rs. 21,665/- is still pending against the vehicle. On 01.04.2022 near jail chowk, Sambalpur agents of O.Ps forcibly snatched away the vehicle and documents. Complaint was made before the O.Ps but the O.Ps remained silent. Being aggrieved complaint was filed.
- The O.P. No.2 in reply submitted that O.P. No.2 is a non-banking financial company and Regd. office is situated in Pune-4119035 and regional office at Goutam Nagar, Bhubaneswar. The Complainant entered into loan agreement No. L2WSLR08082591 starting from 03.02.2020 till 03.08.2022 for 24 months with EMI Rs. 2754/- P.M. The O.P. has not received down payment amount of Rs. 18,700/-. The Complainant opted for ACH mode of repayment and payable on or before 3rd of respective month. Complainant not opted for moratorium during Covid-19 pandemic. The O.P. voluntarily granted Suo-moto moratorium from April 2020 to July 2020. The loan rescheduled and existing tenure of 24 months increased to 31 months. The Complainant remitted patial amount of Rs. 33,050/- to-wards EMIs, the EMI dues was Rs. 21,665/- and Rs. 19.846/- over due charges along with Rs. 18,241/- to-wards future installments. 17 EMIs got dishonoured on request also Complainant remained silent. On 03.01.2021 loan was recalled with outstanding dues of Rs. 67,701/-. In January 2022 the O.P. No.2 took back the possession of the vehicle with the consent of the Complainant on 27.01.2022.
The O.P. has no knowledge about transaction of Rs. 5608 dated 12.04.2022 made by Anil Nag. Who is not known to O.P. No.2. Pre-sale intimation notice dated 28.01.2022 was given and the due was Rs. 59,752/-. No any objection has been raised by Complainant. The vehicle was sold on as in where is condition on 24.02.2022 for Rs. 18,700/- and Rs. 41052 was still existed deficit. The O.P. No.2 has no any knowledge of communication with O.P. No.1. The O.P. No.2 is not deficient in its service and following due procedures all steps have been taken and prayed for dismissal of the case.
- Perused the documents filed by the Complainant and O.Ps. The Complainant executed loan Agreement No. L2WSLR 08082591 for 24 months with EMI of Rs. 2754 per month w.e.f. 03.02.2020 till 03.08.2022. From account statement it reveals that the Complainant is a chronic defaulter and 17 times cheques were dishonoured.
As per Reserve Bank guideline DOR No. BP.BC 47/21.04.048/2019-20 dated March 27, 2020 payment of all installments falling due between March 1, 2020 and May 31, 2020, the residual tenor shall be shifted by three months after the moratorium period. Interest shall continue to accrue on the outstanding portion of the term loans during the moratorium period. The Complainant paid the 1st and 2nd installments but thereafter started defaulting in payment. Due to non-payment loan recall notice dated 03.01.2021 was issued by the O.P. No.2 and pre-sale notice dated 28.01.2022. During that period the outstanding payable was Rs. 59,752/-. On 25.01.2022 repossession was made by Vinayak Recovery Associates, Rourkela and vehicle kept in Puspanath stock-yard, Sambalpur. On 07.03.2022 post sale notice was given.
The Complainant filed an affidavit of Aniruddha Nag, Anil Nag who is said to be a collection Agent of Regd. Agent Amrita Tripathy. The Complainant failed to file any document to show that Anil Nag and Amrita Tripathy are agents of the O.P. No.2. Further if an amount of Rs. 5608/- two installments were given for which period it was paid has not been reflected. In the other hand O.P. No.2 filed affidavit of Biswaranjan Mohanty that he is authorised signatory of O.P. No.2 and denied the transaction of Rs. 5608 dated 12.04.2022. From the circumstances it is clear that the Complainant failed to establish his case. The loan application dated 24.12.2019 of the Complainant CSM Rahul Das Ticket No. B902506 at Sambalpur but the Complainant failed to establish that the O.P. No.2 is having office at Sambalpur and Sonepur. As the cause of action partly arose in Sambalpur the case is maintainable.
The Complainant has not come to the Commission with clean hand. Accordingly it is ordered:
ORDER
The Complaint is dismissed on contest. No cost.
Order pronounced in the open Court today on 25th day of July, 2023.
Free copies of this order to the parties are supplied.
