PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.- 109/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Sandhyarani Shasini, Aged about 36 years

W/o- Late Pradeep Kumar Shasini,

R/O-Giripali, PO-Baham, PS-Sason.

Dist-Sambalpur-768112, Odisha, Mob-8114644947      ………........Complainant

Vrs.

1. Branch Manager, HDFC Bank Ltd,

At-Panchgachhia, PO-Baraiapali, Dist-Sambalpur-768006.

2. The Manager, Sri. Shyam Motors Pvt. Ltd. Authorised Dealer of Hero Moto Crop Ltd. At-NH-6, Baraipali, Sambalpur-768004.
3. The Manager, TATA AIG General Insurance Co. Ltd.

At- 2^nd Floor, Kailash Plaza, Link road, Cuttack, Odisha-753012.

4. Bhabani Mahapatra,

S/O- Santanu Kumar Mahapatra, Working as Manager Legal At HDFC Bank Ltd. At-Panchgachhia, PO-Baraipali, Dist-Sambalpur-768006.

5. Prakash Kumar Sahu, Proprietor/Owner,

Hero Motorcycle at Gambharipank, PO-Kukudapali,

Ps-Sason, Dist-Sambalpur-768112.

6. HDFC, Ergo General Insurance Company, Sambalpur….…...…….Opp. Parties

Counsels:-

1. For the Complainant         :- Sri. P.K.Sahoo & Associates
2. For the O.P.No.1 & 4         :- Sri. A.K. Sahoo & Associates
3. For the O.P. No.2                           :- Ex-parte
4. For the O.P.No.3                :- Sri. G.K. Panda.
5. For the O.P.No.5                :- Mrs. A. Ghusi & Associates
6. For the O.P.No.6                :- Sri. S. Mahapatra.         

Date of Filing:06.07.2023,  Date of Hearing :01.07.2024,  Date of Judgement :23.09.2024

Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that husband of the Complainant availed a two wheeler loan from O.P.No.1 and deposited Rs. 20,000/- down payment. Vehicle No. OD-15R 0812 was purchased on 06.08.2020 from O.P.No.2 vide invoice No. MCR2021/0523. Vehicle was insured with O.P. No.3. Pradip Kumar Shashini, husband of the Complainant died on 23.08.2020. On 05.11.2020 Complainant received a notice for repayment from O.P.No.1 against loan account No. 1118267 for Rs. 55,758.39P. O.P.no.1 was consulted and told O.P. No.4 about death of her husband and expressed inability to pay as vehicle was not with Complainant. The Complainant reported the matter before Sason police and with interference of police the O.P.No.5 handed over the vehicle No. OD-15R-0812 to Complainant and the Complainant agreed to pay the principal with interest.

Complainant received a notice on 06.10.2022 from Arbitrator and submitted written statement on 27.10.2022 in Arb. Case No. 398/2022 which was initiated against a dead person. Complaintant received Arb. Award on 04.04.2023. O.P. No.5 retained the vehicle for two years without the knowledge of Complainant. Being aggrieved complaint was filed.

2. The O.P. No.1 & 4 submitted that Pradip Kumar Shasini availed the two wheeler finance for Rs. 51,025/- and contract No. 111826767 was made. The borrower agreed to repay from 06.09.2020 to 06.02.2023 in 30 EMIs. The Bank has right to repossess the vehicle in the event of default. Arbitration proceeding was initiated and award is pending, the Complainant not appeared. After receipt of life insurance amount of Rs. 1.00 lakh also not turned up. The interim order passed by the Commission is erroneous. The O.P.No.1 filed a petition to add HDFC Ergo General Insurance Co. as a party.

The O.P.No.4 not filed his version.

3. The O.P.No.2 is the dealer of the vehicle who has not filed the version. The O.P.No.5 is the festive outlet of O.P.No.2 and proprietor who submitted that the O.P.No.5 in a friendly relationship with Complainant’s late husband booked the vehicle on payment of token money and without  receiving the full amount of payment in good faith, O.P.No.5 booked the vehicle by receiving Rs. 14,000/- as advance money. The buyer promised to pay the balance Rs. 10,000/- with 15 days but could not come. When he was called the buyer expressed inability for medical requirements.

After one month complainant was informed and came to know the death of buyer. The O.P.No.5 helped for insurance claim and Complainant got Rs. 1.00 lakh insurance amount. The Complainant neither paid the balance amount of Rs. 10,000/- nor took the vehicle . After intervention of the police handed over the vehicle although rest amount of down payment is not received.

The Complainant not paid the legal dues of the vehicle and took-over the vehicle. The O.P.No.5 has submitted the sequence of events and stated that the Complaint is not maintainable.

4. The O.P.No.3 TATA AIG G.I.C. Ltd. submitted that there is no specific allegation against it Pradip Kumar Sashini paid Rs. 4998/- to-wards new motor two wheeler policy for the period 07.08.2020 to 06.08.2025 against policy No. 3192323322.
5. The O.P.No.6, HDFC Ergo G.I.C. Ltd. submitted that as against vehicle No. OD-15R-0812 there is no any specific allegation has been raised.
6. Perused the documents filed by the Complainant. Pradip Kumar Sashini died on 20.08.2020 in V.S.S. Institute of Medical Science and Research, Sambalpur. Vide loan agreement No. 111826767 dated 06.08.2020 Pradip Kumar Sashini availed loan of Rs. 51,025/- against Hero HF Delux vehicle cost Rs. 68,880/- and the EMIs fixed 06.09.2020 to 06.02.2023. Shri Shyam Motors, O.P.No.2 issued tax invoice of Rs. 57,375/- on 06.08.2020. The O.P.No.3 insurer insured the vehicle vide certificate No. 3192323322/000000/00 with IDV Rs. 54,507/-. On 05.11.2020 notice was given to borrower against liability of Rs. 55,758.39P. The loan was recalled on 23.07.2022 for an amount of Rs. 95,814.95P as on 21.07.2022. Arbitration notice was issued on 06.10.2022. On 29.08.2022 the O.P.No.5 Prakash Sahu handed over the vehicle to Complainant in presence of witness and police. In Arbitration case No. 398/2022 the Complainant filed written statement. The sole Arbitrator, Ashok Ku. Tripathy passed award on 04.03.2023.

The O.P.No.1 Bank filed the statement of account.

7. After careful examination of the pleading of the parties there is no any allegations against the O.P.No.3 insurer, O.P.No.4 legal Manager of O.P.No.1 and O.P.No.6 HDFC Ergo GIC Ltd. The O.P.No.3,4 & 6 are set free from the allegations.
8. The allegations of the Complainant are against the O.P.No.1, HDFC Bank ltd. Financier of the vehicle, against the dealer O.P.No.2 who is running an outlet at Gambharipark through Proprietor Praksh Kumar Sahu. The cost of the Hero HF Deluxe vehicle is Rs. 68,880/- out of which the O.P.No.1 financed Rs. 51,025/- and payment has been made. As per admission of the O.P.No.5 the vehicle was booked after receipt of payment of Rs. 14,000/- and the buyer not paid Rs. 10,000/- for which vehicle was not delivered. The O.P.No.5 informed the Complainant who told about death of Pradip Kumar Shashini. With the intervention of local police the O.P.No.5 delivered the vehicle to Complainant on 29.08.2022. The O.P.No.5 not submitted any documents to prove that the Complainant was called to take the vehicle on payment, helped the Complainant from 24.09.2020 to 04.10.2020 in death claim, personally visited on 21.10.2020, contacted personally through various sources from 28.10.2020 to 20.07.2020 and on 22.08.2022 delivered the vehicle to the Complainant.

Non delivery of vehicle to the buyer or his legal heirs suppressing material facts amounts to deficiency in service on the part of O.P.No.2 dealer and O.P.No.5 festival dealer of O.P.No.2. It is an unfair trade practice in business. The O.P.No.2 & 5 never gave a single notice to the Complainant. During intervention of local police the O.P.No.5 handed over the vehicle after two years of purchase.

9. As a financier the O.P.No.1 has taken reasonable steps as per law and has every right to take action under the law from the borrower and his legal-heirs as per law. In this respect Arb. Case No. 398/2022 has been filed and award was also passed on 04.04.2023. The Complainant is at liberty to take appropriate action as per law. This Commission has no power to intervene in the award passed by the sole arbitrator. The Complainant failed to prove deficiency in service against the financier, O.P.No.1.
10. Taking into consideration the complicated facts of the case following order is passed:

ORDER

The complaint is allowed on contest against O.P.No.5 festive dealer of O.P.No.2 and ex-parte against dealer, O.P.No.2. The Complaint is dismissed against O.P.No.1, 3, 4 & 6. The O.P.No.2 & 5 are jointly and severally liable for deficiency in service and unfair trade practice. Accordingly directed to pay compensation of Rs. 50,000/- each to the Complainant and litigation expenses of Rs. 20,000/-. The payment should be made to O.P.No.1 within one month of this order. In case of non-payment the entire amount will carry 24% P.A. from the date of finance till realisation.

Order pronounced in the open court on 23^rd day of Sept. 2024.

Supply free copies to the parties.