Orissa

Bargarh

CC/08/36

Sanjukta Sika - Complainant(s)

Versus

Branch Manager - Opp.Party(s)

A.S.Padhi and others

05 Jan 2009

ORDER

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Complaint Case No. CC/08/36
 
1. Sanjukta Sika
aged about 26(twenty six) years, D/o Sri Narayan Sika, resident of Laxmi Pada, village tora, Po. Tora, Ps. Bargarh
Bargarh
Orissa
...........Complainant(s)
Versus
1. Branch Manager
Ashok Leyland Finance Ltd, Near L.I.C. Offie, N.H.6, Bargarh Po/Ps. Bargarh
Bargarh
Orissa
2. Collection Manager (Orisssa) (Vehicle Finance Division),
Indus Indian Bank Ltd. Ashok Leyland finance ltd. Hansin Tower, 2nd floor, Ainthapali, Sambalpur, Po/Ps. Sambalpur
Sambalpur
Orissa
............Opp.Party(s)
 
BEFORE: 
 
For the Complainant:A.S.Padhi and others, Advocate
For the Opp. Party:
ORDER

Presented by Miss B. L. Dora, Member:- In this Case, the Complainant has purchased a Hero Honda Splendor plus Motor cycle on dated 11/07/2006 under finance from the Opposite Party No. 1(one), registered as OR-17-E-1092 in the name of the complainant & the motor cycle bears engine No.06 F 15 Mo 7511 with Chassis No. 06 F 16 C 36272. During purchase of the Motor Cycle, the Complainant has made a down payment of Rs.13,400/- (Rupees thirteen thousand four hundred)only & the rest amount has financed by the Opposite Party No.1 (one) on interest & also both parties agreed that ,the complainant will pay the financed amount in equal monthly installments. But the complainant was unable to pay some of the installments due to his financial difficulties. But all of a sudden on Dt.17/08/2007, some persons of the Opposite Party forcibly took away the said vehicle from the complainant at Bhatli Chowk Bargarh, without issuing to any prior notice to him about this. This act of the Opposite Parties violates the consumer service provider relationship & deficiency in service that during agreement it was decided that the compl ainant will be liable to pay penal interest in case of default. Here the complainant has issued several cheques & if those are being dishonored, then the opposite party should take due process of law by initiating u/s 138 of the N.I. Act. The complainant claims compensation of Rupees 20,000/-(Rupees twenty thousand) for mental agony, shock due to forcibly taking of the vehicle, Rupees 5,000/-(Rupees five thousand)only for financial loss to afford other vehicle to earn for livelihood. The prayer of the complainant is for the release& handover of the said vehicle to him with a compensation of Rupees 25,000/-((Rupees twenty five thousand) only in lieu of interest besides litigation expanses. The complainant has filed these following documents to prove his case as (1) Xerox copy of the R.C. Book Registration No. OR-17-E-1092 Splender plus, (5 sheets). (2) Xerox copy of Retail Invoice of Aakash Motors Pvt. Ltd. (1 sheet). (3) Bill receipts issued by the IndusInd Bank payment and S.B.Accout cited for withdrawal of cheques. Although notices had sufficiently served on the Opposite Parties, they failed to appear before the Forum and are set ex-parte. Perused the Complaint petition as well as the copies of documents available in the record. The bill receipts shows that, the Complainant has paid same amount to the finance company in instalment basis and not totally fault in paying the some. Difficulties may come for any one at any time. If a Financer by using his muscle power takes away the vehicle and does not want to return it even on deposit of the payment, it would just mean explaitation of the poor consumer who gets his vehicle financed by the Finance Company. In the basis of above discussion, the complaint petition is allowed and ordered. O R D E R. The Opposite Parties are directed, jointly and severally, to release and hand over the said vehicle bearing Regd. No. OR-17-E-1092 (bearing Enginee No. 06F15M07511 and chasis No. 06F16C36272) after receiving of the balance equal monthly installment outstanding and pay a sum of Rs. 5,000/-(Rupees five thousand)only towards mental agony and cost of the case to the Complainant with in one month form the date of this Order. The Complainant is also directed to pay the balance enqual monthly instalment outstanding to the Opposite Parties within the period of one month. Complaint allowed accordingly.

 

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