OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANGUL
PRESENT:- SRI DURGA CHARAN MISHRA.
PRESIDENT
A N D
Smt.Sunanda Mallick &Sri K.K.Mohanty,
MEMBERS .
Execution Application No. 1 of 2017
Date of Filling : - 16.01.2017.
Date of Order :- 26.07.2017
Prafulla Mukhi, At/P.O-Nunkapasi,Handapa,
Athamalli,Dist.Angul.
_________________________Complainant.
Vrs.
- Branch Manager,
Cholamandalam Investment & Finance Co. Ltd,
At-Sobhra Tower,NH-55,P.O/P.S/Dist-Angul
- Divisional-cum-Collection Manager,
Cholamandalam Investment & Finance Co. Ltd,
At-Arnapurna Complex,1st Complex Lewis Road,
BJB Nagar.Bhubaneswar,Dist-Khurda.
- Regd. Head Office,Legal Officer,
Cholamandalam Investment & Finance Co. Ltd,
At-Dare House,1st floor, No-2 N.S.C. Bose Road, Chennai-600001
_______________________________________Opp. parties.
For the complainant :- Sri Md. Azad & associates(Advs.).
For the opp.parties :- M.K.Panda & associates(Advs.)
: J U D G E M E N T :
Sri D.C.Mishra,President.
This case springes out of Misc Case No. 47 of 2014 arising out of C.C.Case No. 118 of 2014 .The petitioner has filed this case with prayer to punish the opp.parties (JDrs) on the ground that they have disobeyed the order passed in Misc Case No. 47 of 2014.
2. The petitioner’s case is that :-
He had taken a loan from the opp.parties and purchased a vehicle bearing No OR 19L 2574 and paying the EMIs regularly but without any rhyme or reason the opp.parties seized his vehicle and threatened to sale it, for which the present petitioner had filed Misc Case No. 47 of 2014 before this forum and in the said Misc Case this forum directed the opp.parties on 20.1.2015 to release the impugned vehicle in zima of the petitioner by taking Rs. 40,000.00. It is alleged that, after passing of the order, the petitioner approached the opp.parties but they refused to release the vehicle and ultimately sold it to another person, violating the direction and order of this forum, so he has filed this case with prayer to punish the opp.parties.
3. The opp.parties have contested the case by filing joint written show cause with prayer to dismiss the case stating that they had already sold the vehicle by auction before getting the order of this forum,for which complying the direction of the forum was not possible for them and it was beyond their control.
4. In view of the rival pleadings of the parties the following issue arises for consideration.
: I S S U E :
(i) Whether the opp. parties have willfully violated or
disobeyed the order passed by this forum on 20.1.2015
in Misc Case No.47 of 2014 and liable to be punished ?
Issue (i):- According to the petitioner, this forum directed the opp.parties on 20.1.2015 in Misc Case No. 47 of 2014 to release the vehicle but the opp.parties refused to release and sold it and thereby violated the order of this forum. On the other hand, the opp.parties submitted that due to default in payment by the petitioner, they seized the vehicle on 7.11.2014 by following due process and then after giving final sale notice to the petitioner they sold the vehicle to another person on 22.12.2014 for Rs. 65,000.00 through E-auction which was much prior to the date of passing order by this forum. The learned counsel for the opp.parties submitted to peruse some documents filed in main C.C.Case No. 118 of 2014 i.e authorization letter to repossess the vehicle (Anx-6),Pre seizure intimation to police (Anx-7),post seizure intimation to police (Anx-8),Pre-sale letter to the customer/petitioner (Anx-10),E-auction quotation (Anx-11),payment receipt by the purchaser (Anx-13) ,sale acceptance letter of the opp.parties (Anx-14) and release order of the vehicle by the opp.parties in favour of Anata Sahu/purchaser(Anx- 15) .On perusal of above documents it is found that the sale process including release of the vehicle was completed on 27.12.2014 but the order by this forum was passed on 20.1.2015 i.e after completion of the process .Thus, complying the order of the forum passed in Misc Case No. 47 of 2014 on 20.1.2015 was not possible for the opp.parties and it was beyond their control. Hence they have not violated/ disobeyed the order of this forum willfully. In the other hand the petitioner has not proved the fact by any cogent evidence or filing any relevant documents so the opp.parties cannot be punished in this case.
- Hence orderd:-
: O R D E R :
This Execution Application case is dismissed on contest by the parties. The opp.partiesare not liableto bepunished in thiscase.
Order delivered in the open forum
today the 26th July 2017 with
hand and seal of this Forum.
Typed to my dictation
and corrected by me Sd/-
(Sri D. C. Mishra)
Sd/- President.
(Sri D. C. Mishra)
President.
Sd/- Sd/-
(Sri K.K.Mohanty), (Smt.S. Mallick)
