DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 38 OF 2014

Vir Bahadur Singh (36 Yrs),

S/O- Late Virendra Pratap Singh,

RO: TRL Colony Qr. No.C / 63, 

PO/PS: Belpahar Dist: Jharsuguda,Odisha………….…………Complainant.

Versus

The Branch Manager,

Magma Fincrop Ltd.,

Sambalpur Branch, Midtown Complex,

B/s: PNB ATM, Deheripali,

Dist: Sambalpur, Odisha…………..………..….…..….…...Opp. Party

Counsel for the Parties:-

For the Complainant                                  Shri P.R. Singhdeo, Adv. & Associates.

For the Opp. Party                                   Shri A.K.Sahoo, Adv. Associates.

Date of Order: 11.05.2015

Present

                                            1. Shri S.L.Behera, President.

                                            2. Shri S.K. Ojha, Sr. Member.

                                            3. Smt. A. Nanda, Member.

Shri S. L. Behera, President: - The brief facts of the complainant’s case is that, he has purchased one Ten wheeler Truck bearing Regn. No.OR-23A-7644 which has been financed by the O.P for an amount of Rs.8,25,000/- only without interest. The complainant was liable to pay the loan amount in 34 nos. of regular monthly installments. The complainant has paid Rs.6,20,000/- only till the date of filing.  The complainant could not be able to pay some of the installments due to theft of another vehicle of the complainant. The O.P. is demanding Rs.53,617/- only towards overdue charges illegally and threatening the complainant to seize his vehicle, hence this case.

The O.P. appeared through their counsel after being noticed and submitted his written version wherein it has been stated that the complainant is a defaulter in making payments of installments. The O.P further submitted that the case is not maintainable due to an arbitrator award has been passed on dtd.21.04.2014 for a sum of Rs.11,24,477/- only in favour of the O.P and relating to the circumstances the O.P filed several citations with denying all the allegations imposed by the complainant, the O.P has prayed for dismissal of the case.

Heard and perused the case record along with materials available. The O.P furnished details of commercial vehicles purchased under higher purchase scheme vide vehcle Regn. No. OR-23A-5271, OR-23F-5272,  OR-23A-7644 and OR-23E-0875.   

As there are several commercial vehicles run by the complainant on higher purchase transaction it does not attract the meaning of “consumer” as per the definition mentioned U/s-2(1)(d) of the Consumer Protection Act,1986 and the dispute should be decided in the proper court of law. Hence the present case is dismissed with no costs.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 11^th   day of May’ 2015 and copy of this order shall be supplied to the parties as per rule.              

          I Agree.                       I Agree,                                                                                               

         S.K.Ojha, Sr.Member        A.Nanda, Member (W)         S. L. Behera President                 

Dictated and corrected by me

      S. L. Behera, President.