Orissa

Jagatsinghapur

CC/71/2019

Jagannath Das - Complainant(s)

Versus

Branch Manager Mahindra Finance Ltd - Opp.Party(s)

Mr.S.P.Das

25 Nov 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION JAGATSINGHPUR
JAGATSINGHPUR
 
Complaint Case No. CC/71/2019
( Date of Filing : 18 May 2019 )
 
1. Jagannath Das
Vill-Taradapada
Jagatsinghpur
...........Complainant(s)
Versus
1. Branch Manager Mahindra Finance Ltd
Sumitra plaza Cuttack Odisha
2. Managing Director Mahindra Finance Ltd
Sadhano House Behind Mahindra tower 570 PV marg worli, Mumbai-4000018
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. PRAVAT KUMAR PADHI PRESIDENT
 HON'BLE MRS. MADHUSMITA SWAIN MEMBER
 
PRESENT:Mr.S.P.Das, Advocate for the Complainant 1
 Mr.P.K.Ray, Advocate for the Opp. Party 1
Dated : 25 Nov 2022
Final Order / Judgement

                                                                                             JUDGMENT

 

            Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 seeking following reliefs;

            “Direct the opposite parties to receive the installment amount from the complainant and not to impose any extra dues and release the vehicle and restrained not to sale or auction the vehicle and pay Rs.10,000/- for cost of the proceeding, Rs.50,000/- for mental agony and harassment with financial loss”.

            The brief fact of the complainant is that, the complainant purchased a Mahindra auto-rickshaw through finance and entered into an agreement with the opposite party No.2 in the year 2018 and as per the agreement the EMI per month was fixed to Rs.6,440/-. From 2018 the complainant paying monthly installments regularly till March, 2019 except two installments as the complainant fell ill and unable to ply the vehicle. On 02.5.2019 the opposite parties suddenly without serving any notice to the complainant forcefully took away the vehicle. As per the agreement, the last installment will be paid in the year 2020. But now the opposite party No.1 with an ill intention in order to harass the complainant and to put into untold financial loss, illegally demanding for full and final payment before time which comes under deficiency of service and unfair trade practice.

            Notice was issued to opposite parties to enter their appearance but not filed any written version.

            This Commission vide order dt.20.5.2019 was pleased to pass following order; “Heard the complainant ex-parte. Submission appears to be just and reasonable supported with affidavit. Hence considering the circumstances, issue notice to the opposite parties to file objection if any but in the meantime the opposite parties are directed to release the asset (vehicle) MAHINDRA ALFA PAX DX DIESEL AUTO RICKSHAW bearing Regd. No.OD-21-G-0812 in favour of the complainant on receipt of 02 (Two) installments within 03 days and not to take any coercive action against the complainant in respect to the aforesaid vehicle till dt.07.6.2019.”

            As per order dt.20.5.2019 perhaps vehicle has been released which is not known to this Commission as both sides remain absent. The agreement is already over since 2020. The opposite parties are also not residing or having any office within the jurisdiction of this Commission. Hence the consumer complaint is dismissed for lack of jurisdiction as well as the period of agreement is already over. Accordingly the consumer complaint is dismissed without any cost.

 
 
[HON'BLE MR. PRAVAT KUMAR PADHI]
PRESIDENT
 
 
[HON'BLE MRS. MADHUSMITA SWAIN]
MEMBER
 

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