PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR
Misc Application No. 1/2024
Arising out of I.A. No. 43 of 2023 & Consumer Case No-242/2023.
Chandan Kisan,
S/O- Santosh Kishan,
R/O/Po-Kutarimal, PS-Gobindpur,
Dist-Sambalpur-768221, Odisha ……….......Complainant.
Vrs.
- Managing Director, Mahindra & Mahindra Financial Services Ltd.
At-Mahindra Towers, 4th Floor, Dr. G.M. Bhosle Marg, Worli,
Mumbai, India-400018 and corporate office at 2nd Floor,
Sadhana House, Behind Mahindra Towers, 570 P.B. Marg,
Worli, Mumbai, India-400018.
- Branch Manager, Mahindra & Mahindra Financial Services Ltd.
Sundergarh Branch, At-Sankara, Main Road, Beside Sarangi Motors,
Sundergarh, Odisha-770020. .…....……….Opp. Parties
ORDER
Order dated 30.04.2024
C.C. Case No. 242/2023 was filed by the Complainant to direct the O.Ps to release the financed vehicle NO. OD-16H-2219 and for a declaration that the repossession is illegal. As interim measure this Commission vide order dated 29.12.2023 directed the O.Ps. to release the vehicle immediately and the Complainant was directed to pay the balance installments regularly in I.A. Case No. 43 of 2023. The complainant submitted an application dated 03.01.2024 to the O.Ps which is duly received.
After receipt of notice the O.Ps appeared and filed a memo dated 15.04.2024 that the vehicle has been released and there is no any question of violation of the Commission’s order. Further the O.Ps submitted that the vehicle was repossessed on 24.12.2021 after following due procedure infavour of Complainant on 05.01.2022. After that the vehicle was never been repossessed and the inventory filed by the Complainant is forged one. The O.Ps filed documents relating to inventory dated 24.12.2021 and letter dated 05.01.2022, where in Bhagwati Agency, Stockyard, Sundargarh was directed to release the vehicle with acknowledgement of the Complainant. Further the O.Ps submitted an affidavit dated 26.04.2021 executed by Abhisek Dash power of attorney Holder of the O.Ps that vehicle No. OD-16H-2219 has not been repossessed and the inventory list dated 25.02.2023 has not been issued by Mahindra and Mahindra Financial services Ltd. and it is a forged one.
From account Statement it reveals that the Complainant paid the last payment of Rs. 8000/- on 24.03.2023 vide receipt No. AXI/2004824716. After release the vehicle on 05.01.2022 the payments have been made by Complainant it implies that the vehicle was in possession of the Complainant as on 24.03.2023 after handing over by the O.Ps as on 05.01.2022 only for that reason payments have been made till 24.03.2023. The Complainant alleged that on 25.02.2023 at about 1.30 P.M. the vehicle was repossessed by one Jitendra Kumar Dalbehera and inventory was prepared. The O.Ps deny the repossession and alleged the inventory as forged one.
The O.Ps further submitted that the Complainant himself after taking back the possession of the vehicle hidden the vehicle and suppressed the facts before the Commission. The account statement dated 02.04.2023 submitted reflects contract status “ REPOS/RELEASED” whereas the contract status as on 12.01.2024 reflects “RELEASE BACK TO CUSTOMER” this very statement proves that the vehicls has been seized by the agents of O.Ps namely Jitendra Kumar Dalbehera as on 25.02.2023 and only for that reason as on 02.04.2023 the status shown “REPOS/RELEASED.”
The Complainant filed C.C. No. 242/2023 as on 28.12.2023. On 06.02.2024 the O.Ps made their appearance and filed version on 19.02.2024. After receipt of the complaint the O.Ps have manipulated the account statement in the status of the vehicle. Here question arises after receipt of complaint on 03.01.2024 and pleader notice dated 12.04.2023 no any reply has been given by the O.Ps. Further when on 12.04.2023 notice was given to the O.Ps, it was the duty of O.Ps to lodge a F.I.R. that the vehicle is not with complainant, the hypothecated vehicle and hidden. No such steps taken which proves that the O.Ps have violated the order of the Commission dated 29.12.2023.
Accordingly, the Misc. Case No.01/2024 is disposed of with a direction to the O.Ps that the vehicle No. OD16H- 2219 be handed over to the Complainant within 7 days of this order. Further for violation of order of the Commission the O.Ps are liable to pay Rs. 200/- compensation per day w.e.f. 29.12.2023 till release of vehicle No. OD 16H-2219.
Put up the original C.C. No. 242/2023 for final hearing on 06.05.2024.
