Orissa

Jajapur

CC/11/2019

Praguan Deo - Complainant(s)

Versus

B.M,Shreeram Transport Finance Co. Ltd. - Opp.Party(s)

P.K.Kar

27 Jan 2021

ORDER

 IN  THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION , JAJPUR.

                                                        Present:   1.Sri Pitabas Mohanty, I/C President,

                                                                          2.Miss Smita Ray, Lady Member.                                                                 

                                          Dated the 27^th day of  January,2021                                                   

                                                          C.C.Case No. 11  of 2019

Praguan Deo, W/O Prasanta Deo   

Vill/. Baragadia  /P.O. Kalinganagar

Dt.Jajpur  

  

                                                                                                                  ……....Complainant .                                                                                                      

                                                  (Versus)

B. M,Shreeram Transport Finance Co. Ltd,

      At.Chorda By-pass  ( J.K.Road) P.O.J.K.Road

      Dt. Jajpur

                                                                                                                           ……………..Opp.Parties.                                                                                                                                                             

For the Complainant:                               Sri P.K.Kar,  Advocate  .

For the Opp.Parties :                                Sri P. Samanta, Chinmayee Jena , Advocates.     

 

                                                                                                     Date of order:  27 .01. 2021.

MISS SMITA  RAY , L A D Y    MEMBER   .

Deficiency in financial service is the grievance of the petitioner .

            The facts as stated by the petitioner in the complaint petition shortly are that the petitioner is an unemployed youth and maintain her livelihood . She  purchased  a TIPPER   bearing Regd No.OR-09-G-9044 in the year 2010  with the financial assistance of O.p with consideration amount of Rs.6,50,000/- . As per terms and condition of the loan agreement the petitioner deposited Rs.2,30,000/- as down payment and the rest amount of Rs.4,20,000/- was financed by the O.Ps. The petitioner would have to pay the financial amount along with interest by

35 installments to the tune of Rs.18,000/- was fixed per Emi and due was up to the year 2013 . In  course of payment the petitioner paid 23 nos of installment out of 35  nos of installments . In this way she paid total Rs.4,78,000/-  to the O.P finance company .

 The petitioner  further stated that due to accident of financial vehicle she had spent repairing expenses of Rs.1,00,000/- . So installment payment was neglected . Without giving notice the O.P seized the vehicle on dt.25.03.2015 . At present the O.p is demanding Rs.2,00,000/- to release the vehicle .

             Accordingly finding no other alternative the petitioner knocked the door of this commission with the prayer  that  compensation amount of Rs. One lakh may  be awarded and vehicle may  be  handed over to the petitioner .

            After receipt of notice  the O.Ps appeared through their learned advocate and filed their written version taking following stands:

            The complaint petition is not maintainable and she has not purchased TIPPER and has not paid the purchased amount . Complainant falsely say that the terms and condition of the finance company . The complainant has to pay 35 monthly installments and regarding monthly installment, the complainant has to pay Rs.18,000/- and due was up to year 2013 and also stated that complainant has paid 23 installments of Rs.4,78,000/- to the O.P and falsely stated that the finance vehicle was met an accident and she has spent amount of Rs. One lakh for repairing charges without any financial assistance . So the payment of installment was neglected . Complainant falsely stated that without any seizure notice the O.P seized the vehicle on dt.25.03.15 .  

            At present the O.P is demanding more than two lakhs to the said  vehicle .Complainant filed this case by giving false information about seizure of the vehicle till date .The complainant playing the vehicle in road. Term and condition was expired and substantial amount may be recovered from the petitioner. On the above fact and circumstances stated above there is no merit of the case and liable to dismissed with cost and the Hon’ble commission be directed to the petitioner to pay the outstanding amount of the O.P.        

                        On the date of hearing Adv for complainant is present . Advocate for O.P is absent. We heard the argument from the learned advocate of the petitioner . After perusal of the record and documents in details we observed that it is undisputed fact that the petitioner purchased the  TIPPER  ( vehicle)  with the financial assistance of the O.P. It is also undisputed fact that the petitioner became defaulter for repayment of the EMI within  the stipulated period .

In this contest after perusal of the observation of Hon’ble Supreme court reported in 2006-CTJ-209(S.C) ( M.D Orix Auto Vrs. Josbinder Singh) wherein we are inclined  to hold that though the O.P  is empowered as per terms and condition of the agreement to seize and sale the financed vehicle in case of default in monthly installments of the loan  of Hon’ble National Commission  reported in 2016(11) –CLT-31(N.C)  ( A.V Finance India Pvt. Ltd Vrs. Ramdas Raghunath patil)

In view of the above observation we disposed of the dispute as per order below .

Hence this order

            The dispute is dismissed  on contest without any cost.

This order is pronounced in the open Forum on this the 27th  day of  January,2021. under my hand and seal of the Commission .