Orissa

Cuttak

CC/18/2019

Ramesh Chandra Sethy - Complainant(s)

Versus

Branch Manager, Tata Capital Financial Services Ltd - Opp.Party(s)

B M Mohapatra & associates

21 Apr 2023

ORDER

                IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

                                    C.C.No.18/2019

 

Ramesh Chandra Sethy,

s/O:LateJayakrushnaSethy,

At:Kapursingh,P.O:Oranda,

P.S:Gurudijhatia,Dist:Cuttack.                             ... Complainant.

 

                                                                Vrs.

1.    Branch Manager,

   TATA Capital Financial Services Limited,

          KeshariComplex,Kharvela Nagar,

          Bhubaneswar,Dist:Khurda.

 

2.    Managing Director,

          TATA Capital Financial Services Limited,

          Regd. Office at One Forbes, Dr.V.B.Gandhi Marg,

          Fort Mumbai-400001,India.

 

3.    R.T.O,Cuttack,

          Dist:Cuttack.                                                           ... Opp. Parties.

 

 

Present:               Sri Debasish Nayak,President.

                                                Sri SibanandaMohanty,Member.

 

               Date of filing:     05.02.2019

Date of Order:    21.04.2023

 

For the complainant:          Mr. B.M.Mohapatra,Adv. & Associates.

For the O.Ps no.1 & 2:        None.

For the O.P no.3:                 Self.

 

Sri SibanandaMohanty,Member.                       

             The case of the complainant in a nutshell is that he had purchased a vehicle bearing Regd. No.OD-05-AG-4286(tractor) and Regd.No.OD-05-AG-4287(Trailer)  by availing loan from the O.ps no.1 & 2 to earn his livelihood.  Accordingly, loan agreement was executed on 29.3.2017 bearing Loan a/c No.7115709.  As per the agreement, he was required to pay the E.M.Is @ Rs.11,609/-  in 72 number of instalments and the 1^st  instalment was due by  9.5.2017.  It is alleged by the complainant that the O.Ps no.1 & 2 had not provided him loan sanctioned order, loan  agreement, deed of hypothecation etc.  It is alleged by the complainant that he had paid Rs.2,43,789/- towards the loan dues to the O.Ps no.1 & 2.  But the O.Ps without any notice had seized his vehicle on 17.1.2019 at his village:Kapursingh, Cuttack.  It is also stated by the complainant that the O.Ps no.1 & 2 had sent him presale notice on 19.1.2019 demanding a sum of Rs.46,430/- towards the outstanding dues of his loan account.  The complainant hasprayedfor a direction to the financier to modify the agreement and not to seize his vehicle without intervention of this Commission or any other court or Forum.  As the financier without serving notice had seized his vehicle, he has approached this Commission with a prayer for a direction to the O.P no.2 to release his vehicle after receipt of the defaulted E.M.Is,to supply the agreement copy and trade license for bilateral settlement with regard to the contract,to pay compensation amount to the tune of Rs.90,000/- as well as to pay litigationcost a sum of Rs.10,000/-.

             The complainant has filed some documents in order to prove his case.

2.         Out of the three O.Ps, O.Ps no.1 & 2 having not  contested this case were set exparte.  The O.P no.3 only filed his written version by way of a letter addressed to the office of this Commission.  It is stated by him that the financier has not followed provisions containing Sec-51(5) of M.V Act 1988 and Rule-61(2) of the CMV Rules, 1989.  It is also stated that the financier has not also submitted form-37 in their office after repossession of the vehicle for issuance of fresh registration certificate in their name.  The ownership of the vehicle is continued to be in the name of the complainant.  It is also stated by him that he has no right to intervene into the business of financier and owner of the vehicle towards unauthorised seizure of the vehicle.

3.         Keeping in mind the averments as made in the complaint petition and the contents of the written version of the O.P no.3, this Commission thinks it proper to settle the following issues in order to arrive at a proper conclusion here in this case.

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps ?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Issue no.ii.

Out of the three issues, issue no.ii  being the pertinent issue in this case, is taken up  first for consideration here.

             Admittedly, the complainant having executed a Loan-cum-Hypothecation agreement had purchased a tractor bearing No.OD-05-AG-4286 and  Trailer bearing No.OD-05-AG-4287.  When the complainant defaulted in paying the monthly instalments as agreed by him to be paid, there was definitely breach of agreement as executed in between the complainant and O.Ps no.1 & 2.  Thereafter, the O.Ps no.1 & 2 repossessed the vehicle and had issued pre-sale notice to the complainant on 19.1.2019 before selling the vehicle and had requested the complainant to clear the outstanding dues within 7 days wherein outstanding amount was shown as Rs.46,430/-.  But the complainant without paying the outstanding dues has approached this Commission.  Thus, this Commission finds no deficiency in service on the part of the O.Ps.  The complainant’s prayer as regards to modification of Loan ‘agreement executed between the parties is not maintainable as this Commission has no jurisdiction to entertain the same.

Issues no.i& iii.

             From the discussions as made above, it can never be said here that the case of the complainant is maintainable and the complainant is entitled to any of the reliefs as claimed by him.  Hence, it is so ordered;

ORDER

Case is dismissed on contest against the O.P no.3 &exparte against O.Ps no.1 & 2 and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 21^st day of April,2023 under the seal and signature of this Commission.          

                                                                                                                              Sri Sibananda Mohanty

                                                                                                                     Member

                                                                                                                  Sri Debasish Nayak

                                                                                                                             President