Orissa

Jharsuguda

CC/102/2017

Ashok Pattanaik S/O- Akhil Pattnaik - Complainant(s)

Versus

Branch Manager,Shreeram Transport Finance Co. Ltd. - Opp.Party(s)

Abdul Zalil

18 Jul 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 102 OF 2017

 

Ashok Pattanaik (32 yrs.),

S/O- Akhila Pattanaik,

R/O: Gountiapada, PO/PS: Belpahar,

Dist: Jharsuguda, Odisha,

Power of Attorney Holder Prasanna Kumar Pattanaik,

S/O: Late Gopendra Pattnaik,

R/O: Gumadera (Jahajpadia),

PO/ PS: Belpahar, Dist: Jharsuguda, Odisha………………………………Complainant.

                                                 

Versus

Branch Manager,

Shreeram Transport Finance Co. Ltd.,

2^nd Floor, Panigrahi Complex, PO: Industrial Estate,

AT- Beheramal, PO: Industrial Estate,

PS/ Dist: Jharsuguda, Odisha…….…...………….…….……..……..……..Opp. Party.

 

 

Counsel for the Parties:-

For the Complainant                                       Abdul Zalil, Adv. & Associates.

For the Opp. Party                                          P.K. Mali, Adv. & Associates.

 

Date of Order: 18.07.2018

 

Present

                                                                     1. Shri Sundar Lal Behera, President.

                                                                     2. Shri Santosh Kumar Ojha, Member.

                                                                     3. Smt. Anamika Nanda, Member (W).

 

Shri Sundar Lal Behera, President :- The brief facts of the complainant’s case is that, the complainant is the Special Power of Attorney holder of Prasanna Kumar Pattanaik  who availed loan of Rs.7,46,100/- only plus interest from the O.P. by executing contract of agreement on dtd. 29.03.2016 and purchased one vehicle Tata LPT 2515 TC/48 bearing Regn. No.OR-23B-5813 which was to be returned with interest in 36 nos. of installments within dt.20.02.2019. The complainant has paid Rs.1,96,000/- only till dtd.19.04. 2017. Due to financial problem the complainant could not pay some of the installments in time and the O.P is threatening to seize the vehicle, hence this case.

The O.P. appeared after being noticed and filed written version. The O.P submitted that the complainant has suppressed the material facts. The registered owner of vehicle bearing Regn. No. OR-23B-5813 had taken loan taken loan and on which a C.C case No.13/2014 was decided by this Hon’ble Forum on dtd.04.03.2015. The registered owner of the vehicle had taken loan of Rs.10,35,000/- only including interest. Up to dated 07.10.2017 the complainant has outstanding dues of Rs.4,37,311/- only and denied all the allegation made by the complainant with the O.P prayed for dismissal of the case.

Heard from the complainant and gone through the case record. Though the complainant has filed the case on the basis of Special Power of Attorney holder of Prasanna Kumar Pattanaik who is the registered owner of the vehicle bearing Regn. No. OR-23B-5813. On the said vehicle the registered owner had filed a C.C. case No. 43 of 2014 which was decided on dtd.04.03.2015 by this Hon’ble Forum on the same dispute. Again the matter raised by the complainant on the said vehicle in question being a Special Power of Attorney holder.

As the matter on the vehicle bearing Regn. No. OR-23B-5813 was decided earlier by this Hon’ble Forum, any further adjudication on the same matter shall be illegal in the eye of law. Hence, the present complaint petition is hereby dismissed with no costs.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 18^th day of July’ 2018. Free copy of order shall be supplied to the parties as per rule. 

 

                                                       I Agree.                       I Agree                                                                                                            

                                         

                                      S.K.Ojha, Member            Anamika Nanda Member (W)      S. L. Behera, President                   

 

                                         Dictated and corrected by me

 

                                                                                     S. L. Behera, President