PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR
CONSUMER COMPLAINT NO. 145/2023
Present-Dr. Ramakanta Satapathy, President,
Sri. Sadananda Tripathy, Member,
Malaya Budhia,
S/O- Ugresan Budhia, Occupation-Business,
R/O-Gopalpali, PO-Remed, Ps-Bareipali,
Dist-Sambalpur,Odisha-768006 ….…......Complainant.
-Vrs.-
- TATA AIG General Insurance. Co. Ltd.
2nd floor, Kailash Plaza, Link Road, Arunodaya, Dist-Cuttack, Odisha-753012.
- G.N.Autonation, Plot No. 1708/6786, Remed Chowk, Larpank, NH-6, Sambalpur, Odisha-768006 Manager, DCB Bank, Main Branch,
Laxmisagar Chhak, Cuttack Road, Bhubaneswar-751006 ………........Opp.Parties
Counsels:-
- For the Complainant :- Sri. S.S. Satapathy & Associates
- For the O.P.s :- Ex-parte
Date of Filing:18.09.2023,Date of Hearing :16.01.2024,Date of Judgement :11.03.2024
Presented by Dr. Ramakanta Satapathy, PRESIDENT
- The case of the Complainant is that the Complainant financed BOLERO PICK-UP bearing No. OD-15R-3659 from O.P. No.3 on 30.09.2020 having loan A/C No. DACVSAB0050869 and insured the vehicle with O.P. No.1 vide policy No. 01642436300000 for the period 30.09.2021 to 29.09.2022 with IDV- Rs. 6,90,000/-
On 18.11.2021 the vehicle was parked in left side of road, a truck bearing No. OD-16A-7967 dashed the Bolero near Kalinga College, Salesingha, Rairkhol and the vehicle was damaged P.S. Case No. 0219/18.11.2021 was made and the O.P. no.1 was informed. After inspection vehicle was shifted to authorized service station, O.P. No.2 for repair. Towing charges of Rs. 7500/- was borne by the Complainant. On 24.11.2021 the O.P. No.2 provided quotation of Rs. 6,14,770/- to undertake repair work. On approval of O.P No.1 repair work done. The O.P. no.2 was delaying the repair work and demanded Rs. 50,000/- as advance. With much difficulties the Complainant paid Rs. 29,000/- on 09.02.2022. It took 5 months to complete the repair work on 20.04.2022. The O.P. denied to give vehicle on the pretext of payment of Rs. 6,50,000/-. The O.P. No.1 has only paid Rs. 4.00 lakhs. The O.P. No.2 demanded the balance of Rs. 2.5 lakhs. On several request also the O.P. no.2 not handed over rather threatened to sell the vehicle.
On 23.05.2023 a legal notice was served to the O.Ps but it was in vain. The Complainant was regularly paying the loan installment of the vehicle to O.P. no.3 till January 2022. Thereafter could not pay. On 19.07.2023 the O.P. No.3 demanded the 18 EMIs of Rs. 3,44,236/-.
On 18.08.2023 the Complainant received a demand notice from O.P. No.3 u/s 138 N.I. Act and through cheque No. 134052 dated 24.07.2023 Rs. 7,25,501/- was demanded as it is dishonored.
On 19.07.2023 the loan outstanding was Rs. 3,44,236/- whereas on 24.07.2023 Rs. 7,25,501/- was demanded. The O.P. No.3 misutilised the cheque.
Since 20.04.2022 Rs. 1500/- per day earning of the Complainant was lost.
Being aggrieved complaint has been filed.
- The O.Ps are set ex-parte.
- The Complainant filed the following documents:
- Copy of RC Book No. OD-15R 3569
- Copy of Insurance certificate.
- Copy of FIR No. 0219 dated 18.11.2021.
- Copy of Towing charges paid.
- Copy of Money receipt of G.N. Autonation dated 09.02.2022.
- Copy of advocate notice dated 23.05.2022.
- Reply of Bank dated 19.07.2023.
- Copy of demand notice u/s 138 NI Act dated 18.08.2023.
- After perusal of the statement and documents filed by the Complainant it reveals that Policy No. 0162423630-00-00 was issued by O.P. No.1 for the period 30.09.2021 to 29.09.2022 and IDV of the vehicle is Rs. 6,90,000/- From F.I.R. No. 0219 dated 18.11.2021 of Rairakhol PS it reveals that on 18.11.2021 vehicle No. OD-15R-3659 was loading Exide battery going to Boudh near Kalinga college truck bearing No. OD 16A 7969 dashed the vehicle standing on the left side of the road. On 22.11.2021 towing charges of Rs. 7500/- paid by the Complainant. The O.P. No.2 granted receipt No. 3915 date 09.02.2022 for Rs. 29,000/-. Pleader notice dated 23.05.2022 was issued to the O.Ps.
From the notice dated 19.07.2023 it reveals that 18 numbers of installments were pending amounting to Rs. 3,44,236 with future 14 no.s of installments of Rs. 2,68,590/- and the Complainant on 20.01.2022 lastly paid Rs. 20,200/-. In the notice demand was made for Rs. 3,44,236/- + future installments of Rs. 2,68,590/- as per loan repayment schedule. Mr. Umesh Chandra Sethi, Advocate vide notice dated 18.08.2023 demanded against cheque No. 134052 dated 24.07.2023 an amount of Rs. 7,25,501/- u/s 138 of the N.I. Act.
- The IDV of the vehicle is Rs. 6,90,000/-. The Complainant has not filed the estimate of repairing of the vehicle and simply submitted that the O.P. No.1 has paid Rs. 4.00 lakhs and rest Rs. 2.5 lakhs to be paid to the O.P. No.2 for repair. The insurance company, neither submitted the surveyor’s report not submitted the payment details made to the O.P. No.2. it is also reveals that the Complainant paid Rs. 29,000/- on 09.02.2022.
The vehicle manufacturing year is 09/2020 registered on 05.10.2020 and met accident on 18.11.2021. For one year old vehicle the O.P. No.1 failed to substantiate the depreciation value where the IDV is Rs. 6,90,000/-. In case of declaration of total damage of the vehicle the O.P. No.1 would have more benefit as the estimated cost of repairing shown to be Rs. 6,14,770/- by the O.P. as per statement of Complainant. The O.P. No.1 has to pay Rs. 2,14,770/- to the O.P. No.2 for settlement of dispute but as per version of Complainant only Rs. 4.00 lakhs paid.
It is found that the O.P. No.2 has received Rs. 29,000/- from the Complainant. The vehicle was ready for delivery on 20.04.2022 but due to non-payment vehicle not delivered by the O.P. No.2 to the Complainant. From the aforesaid facts and circumstances it is clear that due to latched of O.P. no.1 the entire dispute developed on the following points:
- Surveyor report not submitted or supplied.
- On what basis Rs. 4.00 lakhs paid to O.P. no.2 not explained.
- Remaining silent during the entire process.
It amounts to deficiency in service on the part of O.P. No.1 Non-delivery of vehicle by the O.P. no.2 is genuine as no total payment received by O.P. No.2.
- The Complainant claimed Rs. 1500/- per day from 20.04.2022 till the date of filing to-wards loss of earning. As per interim order dated 18.09.2023 tiil date the O.P. No.1 has not paid the balance dues to O.P. no.2 which amounts to disrespect and disobedience of order of the Commission.
- Now relating to non-payment of installments has been clearly declared by the Complainant that due to accident and loss of earning he unable to pay the same. As per notice dated 19.07.2023 of the O.P. no.3 as on 20.01.2022 the Complainant paid Rs. 20,200/- and till 19.07.2023 outstanding was Rs. 3,44,236/-. The balance 14 installments were to be paid thereafter. The O.P. No.3 by placing cheque No. 134052 dated 24.07.2023 demanded Rs. 7,25,501/- to-wards vehicle loan C.I.F. No. 102835619. Within a period of ( 19.07.2023 to 24.07.2023) 5 days the demand of Rs. 3,44,236/- raised to Rs. 7,25,501/- which proves the unfair trade practice of the O.P. No.3. The O.P. no.3 has every right to collect the unpaid loan by fair means following due procedures. In the present case within 5 days how the amount raised to Rs. 7, 25,50/- in place of Rs. 6,12,826/-(if the unpaid installments shall be added together) is questionable practice of O.P. No.3.
Taking into consideration the circumstances of the case the following order is passed:
ORDER
The complaint is allowed against O.P. No.1 & 3 and partly against O.P. No.2. The O.P. No.1 is directed to pay the balance repairing cost unpaid Rs. 2, 50,000/- with 7 % interest w.e.f. 20.04.2022 within one month of this order. After receipt of payment the O.P. No.2 shall immediately deliver the vehicle No. OD-15R 3659 with running condition to the Complainant along with Rs. 29,000/- with 7% interest per annum w.e.f. 20.04.2022.
Further the O.P. No.1 is directed to pay Rs. 1500/- per day w.e.f. 20.04.2022 till realisation to O.P. No.3. The amount deposited shall be adjusted in the loan account of the Complainant and balance amount shall be paid to the Complainant. The O.P. No.3 shall not issue any demand notice and take any coercive step against the Complainant further for unfair trade practice the O.p. No.3 is directed to deposit Rs. 50,000/- in the District Consumer Welfare fund.
The O.P. No.1 and 3 shall pay litigation cost of Rs. 10,000/- each to the Complainant.
Order pronounced in the open court on this 11th day of March 2024.
Supply free copies to the parties.
