Orissa

Jharsuguda

CC/134/2019

randhir Kumar Sahu S/O- Jawahar Sahu - Complainant(s)

Versus

Branch Manager,MAGMA FINCORA.LTD. - Opp.Party(s)

S.L. Behera

26 Oct 2022

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, JHARSUGUDA

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CONSUMER CASE NO.134/2019

Randhir Kumar Sahu,

S/o- Jawahar Sahu,

Ro- Ranibagicha, Ps- Town,  

Dist.-Sundargarh, Odisha………..………..………...…………Complainant.

                                                 

Versus

1. Branch Manager,

Magma Fincorp Limited,

At- 1^st Floor Opp. SBI Udit Nagar Branch,

Ghafoor Colony Udit Nagar, Rourkela,

Dist- Sundargarh, Odisha, Pin-769012.

 

2. Branch Manager,

Magma Fincorp Limited,

At- near Bombay Chowk, Po- Industrial Estate,

Dist- Jharsuguda, Odisha…………….…..…….……..Opp. Parties.

 

Counsel for the Parties:-

For the Complainant                             Sri S.L.behera, Adv. & associates.

For the Opp. Parties                            Sri A.K. Mishra, Adv. & Associates. 

 

Present:-     1. Smt. Jigeesha Mishra, President.

                     2. Smt. Anju Agrawal, Member.

 

Date of hearing- 12.10.2022                       Date of order- 26.10.2022

 

Smt. Jigeesha Mishra, President : - This is the case of complainant alleging deficiency in service  against the O.Ps.

The case of the complainant is that the complainant had purchased a Truck(TATA LPT 3118 / COWL) with finance accommodation under finance scheme provided by the O.P vide loan contract No. PG/0019/R/16/000061 on dated 10.12.2017.  The vehicle purchased by the complainant has been duly registered with transport authority vide Regd. No. TS 12-UB-4880.  The complainant purchased the vehicle to maintain his livelihood and he had already paid all the EMI regularly. But the O.P demanded over dues of Rs.2 Lakhs extra and repeatedly threaten to seized the vehicle.  If the vehicle will pulled away and seized by the O.P the complainant will suffer financial loss.  Hence the complainant prayed for not to seized the vehicle.

 

 

2. The case of the O.Ps is that the O.Ps Magma Fincorp Limited is a company incorporated under the provisions of the Indian Companies Act.  The O.P submitted in his version that the complainant is a businessman and the vehicle was used for commercial purpose.  Hence the case is not maintainable and prayed for rejection of the complaint.

3. Perused the records and it reveals that the complainant has two number of vehicle vide Regd. No. TS-12-UB-4880 and OD-16-C-8015.  The complainant filed two number of cases before this Commission C.C.Case No. 117/2019 for vehicle Regd. No. OD-16C-8015 and C.C.Case No. 134/2019 for vehicle Regd. No. TS-12 UB-4880. The vehicles are used for commercial purposes. Hence the case is not maintainable.  Accordingly the case is dismissed.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 26^th day of October’ 2022 under my hand and seal of this Commission.

Supply free copies to the parties.

 

 I Agree           

1. Agrawal, Member                                          J.Mishra, President .          

Dictated and corrected by me

 J.Mishra, President.