View 3916 Cases Against Tata Motors
View 3916 Cases Against Tata Motors
View 30724 Cases Against Finance
View 30724 Cases Against Finance
View 1367 Cases Against Tata Motors Finance
Ashis Kumar Sethi filed a consumer case on 06 Apr 2016 against 1. TATA Motors Finance Ltd. in the Kendujhar Consumer Court. The case no is CC/22/2015 and the judgment uploaded on 06 Apr 2016.
IN THE COURT OF THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KENDUJHAR
CONSUMER COMPLAINT CASE NO. 22 OF 2015
Ashis Kumar Sethi, aged about 35 years,
S/O- Mayadhar Sethy,
Village- Sarei, P.O/Via- Champua,
Dist- Keonjhar………………………….………………..Complainant
Vrs
At- Gurudwara Singh Sabha,
Kharavela Nagar, Bhubaneswar,
Dist- Khurda
Represented through B. Singh,
At-Jharbelda, N.H-6, Dist- Keonjhar,
Dist- Keonjhar...………………………..………………...Op. Parties
PRESENT- SRI AKSHAYA KUMAR PUROHIT, PRESIDENT
SMT. B. GIRI, MEMBER (W)
SRI S.C. SAHOO, MEMBER
Advocate for the Complainant - Sri S. Lenka & Associates
Advocate for OP1 - Sri Durga Prasad Mohanty
Advocate for OP2 - Self
Advocate for OP3 - Authorized person
_______________________________________________________________________________________________
DATE OF HEARING - 16.03.2016 DATE OF ORDER - 06.04.2016
_________________________________________________________________________________________________
SRI A.K. PUROHIT, PRESIDENT:
1. Alleging deficiency in financial service the complainant has preferred a consumer complaint before the Hon’ble District Forum Cuttack vide C.C. No. 65 of 2011 which was disposed of on dated 27.12.2013 with the observation that the complainant is entitled to approach the necessary Forum for redressal of his grievance. Accordingly the complainant has preferred this consumer complaint on dated 2.5.2015 before this Forum.
2. The case of the complainant is that, the complainant for his self employment and for maintaining his livelihood had purchased a Tipper bearing Regd. No. OR-09-K 6445 from the O.P. under a hire purchase agreement for an amount of Rs. 10,21,317/-. According to the said agreement the complainant has to repay the loan amount in 47 installments with effect from 11.5.2008 to 11.3.2012. The complainant has pleaded that, due to dislocation of Iron-ore transporting he had not able to pay the installment for a period of six months. To this the complainant had approached the O.P. No.1 to reduce the EMI rate and the loan amount may be recalculate with extension of time. The complainant alleges that, instead of modifying the EMI rate the O.Ps. have seized the vehicle on dated 6.1.2011 and sold away the same. The complainant further alleges that, the seizure and disposal of the vehicle without any intimation to the complainant amounts to deficiency in service on the part of the O.Ps. and the complainant is entitled to the relief as prayed for.
3. The O.Ps. have contested the case by filing their written version separately. The O.Ps. have simply denied the allegations of the complainant and have not come up with a specific case.
4. Heard both the parties. Perused the pleadings and material available on record. Admittedly the cause of action for this case arose on dated 6.1.2011 when the vehicle of the complainant was seized by the O.Ps. and the present case has been preferred on dated 2.5.2015, i.e. after about 4 years and 4 months from the date of cause of action. The complainant has not filed any petition for condonation of delay as provided U/s 24A(2) of the Consumer Protection Act. Perused the Xerox copy of Order passed by the Hon’ble District Forum, Cuttack in C.C. No.65 of 2011. In the said case the order was passed on dated 27.12.2013 and the present case has been filed on dated 2.5.2015, i.e. after about 16 months from the passing of the said order. The complainant has not assigned any reasons for non filing of the present case immediately after passing of the said order on dated 27.12.2013. Hence the case of the complainant is barred by limitation and hence the case is not maintainable.
5. Since the case is not maintainable, it is not necessary to discuss on the merit of the case.
Accordingly the case of the complainant is dismissed as not maintainable. There shall be no order as to cost.
I agree I agree
(Sri S.C. Sahoo) (Smt. B. Giri) (Sri A.K. Purohit)
Member Member (W) President
DCDRF, KEONJHAR DCDRF, KEONJHAR DCDRF, KEONJHAR
Dictated & Corrected by me
(Sri A.K. Purohit) PRESIDENT, DCDRF KEONJHAR
Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes
Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.