DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION KANDHAMAL, PHULBANI.
C.C No.03 of 2020
Present: Miss Sudhira Laxmi Pattnaik - President I/c
Sri Purna Chandra Tripathy - Member.
Ajit Kumar Pradhan, aged about 35 years
S/O-Late Baka Digal
At-Lahabadi, PO- Rasimendi, PS- Sadar Phulbani
Dist- Kandhamal. …………. Complainant.
-Versus-.
Branch Manager,
Hinduja Leyland finance
At- Hatapada, in front of Hill View Lodge, Phulbani
PS- Town Phulbani,
Dist – Kandhamal. ……………… Opp. Party.
For the Complainant: Advocate Sri M. Ku Sahoo, & Associates
For the Opp-Party: Advocate Sri M. Ku Panda & Associates,
Date of Order: 23rd March 2021.
The brief facts of the case is that had purchased a bike Hero Glamour bearing Vehicle No. OD12B1Q218 on finance from the OP vide customer code No.ORTW065870 on payment of Rs. 16800/- towards down payment. The above vehicle was financed by the OP amounting of Rs 50,000/- against the total cost of the vehicle of Rs 66800/- including all with the monthly installment of Rs. 2257/- per month for a term of 36 months and the installments come into force from February 2018. That the Complainant has paid the installments up to 17/06/2020 including all the charges to the OP. But due to non-payment of over dues against the above vehicle loan the OP in the month of August 2019 forcibly seized the vehicle from the possession of the complainant and demanded the repayment of installments along with other charges. The complainant requested the OP to receive an amount of Rs 10,000/- towards the outstanding and to release the vehicle. But the OP did not receive the amount from the complainant nor did they take any steps for release of the vehicle. According to the complainant, due to the pandemic situation in the last year, the complainant became jobless, he did not able to repay the loan installments and the action of OP was not proper, thus illegal and wrong, result of which the present complainant filed with a prayer to issue direction to the OP for release the vehicle on receipt of Rs 10,000/- and grant of compensation of Rs 20,000/- and Rs 5,000/- towards the litigation cost. Accordingly the case of the complainant admitted and issued notice to the OP for appearance and filling of version. Upon the notice, the OP appeared and filed written version From the version, the OP stated that the Complainant had availed hypothecation loan for purchase of the vehicle HERO GLAMOUR( two wheeler) under a hypothecation agreement dated 29/01/2018 vide contract No. ORBVNGTWO3147. The OP advanced an amount of Rs. 50,000/- with 36 equal monthly installment of Rs. 2257/- and claimed Rs 13,267/- towards the outstanding , further the OP stated that prior to seize the vehicle, demand notice duly served to the OP as well as all the legal formalities followed before seize of the vehicle . It is reveal from the version the vehicle was seized on dated 30/09/2019 and same was disposed on dated 16/03/2020 through online auction process. Prior to the auction, the pre-sale notice issued to the complainant. Hence the OP denied the allegation made by the complainant and claimed for dismissal of the complaint as no deficiency in service on the part of the OP.
From the forgoing discussion, we found the complainant purchased the vehicle under hypothecation from the OP on payment of required down payment and as per the agreement the complainant deposited installments, though some installments yet to deposited by the complainant, further it is reveal that the OP has not followed the proper process before the auction of the vehicle and failed to prove the service of any pre- sale notice upon the complainant or advertisement of the auction notice in any news paper , but arbitrarily the OP disposed of the vehicle , which amounts to gross negligence and deficiency in rendering proper service towards the complainant.
O R D E R
The Complainant case is allowed against OP. Therefore the OP is hereby directed to refund the cost of the vehicle of Rs. 50,000/- apart from that the OP also directed to pay Rs 10,000/-towards compensation for mental agony and Rs 5,000/- for litigation cost to the complainant within 45 days from the date of this order, failing which the awarded amount shall carry interest @ 12% P.A. Accordingly the C.C is disposed off.
Order pronounced in the open court on this 23rd the day of March 2021.
Free copy of this order be supplied to the respective parties.
MEMBER PRESIDENT
