Orissa

Cuttak

CC/34/2016

Manoranjan Mahanta - Complainant(s)

Versus

Branch Manager,Magma Finance Corporation Ltd - Opp.Party(s)

S K Behera

23 May 2017

ORDER

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

C.C No.34/2016

 

Manoranjan Mahanta,

At:Nagauta,Bhalubasa,PS:Rairangpur,

Dist:Mayurbhanj.                                                                         … Complainant.

 

                Vrs.

 

1.       Branch Manager,

                           Magma Finance Corporation Ltd.,

                           Bhubaneswar Branch Office,Nirmala Plaza,

                           A-1,Forest Park,Bhubaneswar.

 

 

2.        Branch Manager,

Magma Finance Corporation Ltd.,

Keonjhar Branch,At:Seerajuddin Square,

At/PO/Dist:LKeonjhar Town,Odisha.                                    … Opp. Parties.

 

3.        Branch Manager,

Magma Finance Corporation Ltd.,

Cuttack Branch,At:Badambadi,Cuttack.

Present:              Sri Dhruba Charan Barik,President.

Sri Bichitra Nanda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:   06.06.2016.

Date of Order: 23.05.2017.

 

For the complainant        :       Mr. S.K.Behera,Advocate & Associates.

For the O.Ps.                    :        Mr. B.B.Mishra,Adv. & Associates.

 

Sri Bichitra Nanda Tripathy, Member.

                The case is against deficiency in service on the part of O.Ps.

1. Shortly the case is that the complainant had purchased a “TATA Truck LPT-2515-CEX” bearing Regd. No.OR-09K-1912 with financial help from the O.Ps.  A loan was sanctioned for Rs.11,05,696/- vide loan agreement No.HO/G/0063/06/001048 dt.29.02.2008.  The E.M.Is were fixed @ Rs.33,700/- and the repayment period was from 29.04.2008 to 29.02.2012.  Though the complainant has repaid the amount full in 47 nos. of E.M.Is, the O.Ps instead of giving the NOC are threatening the complainant to seize the vehicle.  Finding no other way, the complainant has taken shelter under this Hon’ble Forum.  He has prayed to direct the O.Ps to issue NOC in his favour and also to pay compensation for mental agony and harassment amounting to Rs90,000/- for not issuing NOC Rs.90,000/- and cost of litigation Rs.5000/-.  Thus he has claimed Rs.95,000/- in total.
2. The O.Ps vide their written version has stated that a sum of Rs.12,809/- is still outstanding against the complainant for which the NOC is not issued.  The complainant has signed another contract with the O.Ps bearing No.PG/0063/V/06/000514 of one NABA KUMAR DAS as a guarantor.  At clause 17(a) of the said contract it is mentioned that “Repayment of the said hire purchase finance facility together with all cost  charges and expenses payable here under and agrees that his obligation shall be concurrent with those of the hirers in all respects as if he himself was the hirer and hereby guarantees to Magma- the regular and punctual payment of all sums due under this agreement and the due performance and the observance by the hirer of the terms and conditions of the agreement”.  As per the contract No.PG/0163/V/06/000620 dt.01.03.2008 a sum of Rs.11,05,696/- was financed and the same was to be repaid in 47 installments before 01.02.2012.  The complainant had agreed to repay the dues in 47 installments before 01.02.2012 in a stipulated time failing which he has further agreed to pay the delayed payment charges on the respective installment amount.  The complainant has never paid the installments in time for which the outstanding amount still exists in his account.  The O.Ps have also stated that the complainant has availed the loan from their Keonjhar branch, hence the same is not coming under the jurisdiction of this Hon’ble Forum.
3. We have gone through the case in details, perused minutely the documents submitted by the complainant and as well as by the O.Ps, heard the learned advocates from both the sides and observed that the complainant had availed a loan from Keonjhar Branch of the O.Ps vide agreement No. HO/G/0063/06/001048 and vide proposal No. PG/0163/V/06/000620 on 29.02.2008.  The total finance amount was Rs.11, 05,696/- to be repaid in 47 installments during the period from 01.04.2008 to 01.02.2012.  From the accounts statement as submitted by the complainant it is clear that overdue interest is charged by the O.Ps on many occasions since the complainant has failed to pay the installment in time.  From the said accounts statement it is also observed that a sum of Rs.12,809/- is still payable by the complainant.  The O.Ps have also stated that the complainant had stood as Guarantor for one Naba Kumar Das, who had availed finance from O.P No.2 and the said loan is still outstanding against Naba Kumar Das to which the complainant has not denied.  It has also came to our notice that the complainant had availed the said loan from Keonjhar Branch(O.P No.2) and failed to prove that he has made any transaction with the O.Ps through its Cuttack Branch.  As such no cause of action is partly or fully arisen at Cuttack.  Hence the case is not coming under the jurisdiction of this Hon’ble Forum.

ORDER

Basing on the facts and circumstances as stated above, we have observed that the complainant has still an outstanding balance of Rs.12,809/- against the loan he had availed for himself.  He had also stood as guarantor for one Naba Kumar Das who had availed the loan from O.P No.2 and the said loan is still outstanding.  Thus the complainant is at fault.  Moreover, no cause of action has arisen at Cuttack for which the case is not coming under the jurisdiction of this Hon’ble Forum.  Hence the case is dismissed.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 23^rd   day of May,2017 under the seal and signature of this Forum.

 

            (Sri B.N.Tripathy )

          Member.

 

                                                                                                                                               

                                                                                                           (  Sri D.C.Barik )

                                                                                                                  President.

 

 

                                                                                                         (Smt. Sarmistha Nath)                                           

      Member(W).