The Complainant is absent . the complainant has filed this complainant against the Branch Manager , Tata Motors Finance Ltd. and its Regional Manager , in which sha has sought for reliefs for (i) directions to O.Ps not to repossess the vehicle no JH -05P-0878 (ii) directed to O.Ps to reschedule EMI structure and not to charge any amount during the month of November ,08 to july ,09 and return the post dated cheques to the complainant (iii) legal expenses Rs. 50000/-
The case is at the stage of admission , the complainant is represented today . Heard the learned lawyer for the complainant in detail . He has also filed another petition today containing the prayer to direct the O.Ps not to repossess or sezie the Mini Bus .
The complainant has filed this case and it in her case purchase a Mini Bus being registration no JH- 05P- 0878 after being financed by the O.Ps the amount advanced by the financer is Rs. 7,42,000 /- . the complainant has already paid Rs. 3,72,292/- as installments . According to the complainant she suffered from Jaundice in the month of March ,09 and the vehicle met with an accident within Talaburu P.S. G.R. case no 673/05 and she got it released by the order of the court in the year ,06. Again the vehicle met with an accident on 20/11/08 being Chakardharpur P.S. case no.111/08 and according to the complainant the Bus is still in the custody of the police . it is also mentioned taht O.P No-01 had seized the vehicle on 08/02/08 and after depositing a handsome money (amount not specified ) it was released , as the bus is not getting any income hence she is unable to deposite the monthly installment .
The learned lawyer for the complainant tried to convince the forum that the forum has power to issue ad-interim order to the Ops . directing him not to repossess the vehicle , but during argument he conceded that from Feb 09.no installments has been re-paid to the financer . the main relief being relife no 1 & 2 are not entertainable as no court or forum can prohibit any party from taking legal action according to law . The learned lawyer for the complainant could not show me any law when the vehicle is not on the road due to an accident or any other reason the financer can be compelled not to take any legal action . He tired to sumit taht in case the vehicle is off the road motor tax is condoned . Similarly taht in principle may be applicable in the case of installments as well.
The Members have considered the contention and both the prayer no 1 & 2 do not appear to be entertainable by the forum and forum has got no power under the Consumer Protection Act, 1986 to prohibit any party from taking legal action according to law , hence the case of the complainant appears to be misuse of the provisions of Consumer Protection Act and no prima -facia case is made out and hence the complainant is to be rejected and accordingly it is rejected under Sec . 12(3) of the Consumer Protection Act, 1986.
