Orissa

Cuttak

CC/54/2015

Prasant Kumar Mohapatra - Complainant(s)

Versus

Chief General Manager,Cholamandalam Investment and Finance Company Ltd - Opp.Party(s)

S Gupta

23 May 2017

ORDER

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

C.C No.54/2015

 

Prasant Kumar Mohapatra,

At:Sanachancho,PO:Nakhara,

P.S:Choudwar,Dist:Cuttack..                                                                   … Complainant.

 

            Vrs.

 

1.        Chief General Manager,

 M/s. Cholamandalam Investment and Finance Co. Ltd.,

 Regd. Office at Dare House,No.2,NSC Bose road,Parrys,Chennai.

 

2.        Branch Manager,

 M/s. Cholamandalam Investment and Finance Co. Ltd.,

 At:Lewis road,BBSR,Khurda.

 

3.        Dhananjaya Rout,
4.  

  P.S:Chauliagannj,Dist:Cuttack.                                                              … Opp. Parties.

 

Present:            Sri Dhruba Charan Barik,President.

Sri Bichitra Nanda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:    16.05.2015

Date of Order:    23.05.2017.

 

For the complainant        :         Sri J.Gupta, Advocate & Associates.

For the O.Ps 1 & 2.         :         Sri R.K.Pattnaik,Adv. & Associates.

For the O.P No.3             :         Sri M.Basu,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 availed finance from O.P No.1 & 2 vide agreement NVFPPBNR 00000797998 to purchase a vehicle i.e. Bolero Plus bearing Regd. No.OR-05-AV-9840.  Required guarantee was also given for the said finance/loan.  Due to his illness, the complainant incurred loss in his transport business for which after obtaining oral consent from O.Ps 1 & 2 he made a contract with O.P No.3 wherein it was agreed that the O.P No.3 will run the vehicle and will pay the installment regularly to O.Ps 1 & 2.(copy of such agreement vide Annexure-1).  O.Ps 1 & 2 have collected the installments from O.P No.3. Hence the complainant has no liability but O.P No.1 & 2 has served a legal notice on the complainant to refund a sum of Rs.89,800/- after selling the vehicle to some other person without knowledge of the petitioner.(Annexure-2).  Finding no other way, the complainant has taken shelter of this Hon’ble Forum.  He has prayed to direct the O.P No.1 & 2 to collect such dues from O.P No.3 without disturbing the complainant.  He has also prayed for a compensation of Rs.50,000/- towards mental agony and harassment.
2. O.Ps 1 & 2 vide their written version dt.11/05/2016 have intimated that the complainant had availed finance from O.Ps (1 & 2) under hire purchase agreement and purchased a vehicle.  He failed to repay the installment for which the O.ps (1 & 2) repossessed the vehicle as per the agreement.  He was intimated to repay a sum of Rs.3,94,600/- towards outstanding loan amount to which the complainant  had failed to pay.  The O.Ps (1 & 2) has no idea regarding the agreement made by the complainant with O.P No.3 and is also without any basis.  Since the complainant failed to repay the over dues the O.Ps (1 & 2) made auction of the said vehicle and auction sale was made to the highest bidder for Rs.2,60,000/-.(Pre and post sale letters issued to the complainant are annexed vide Annexure-A & B).  The O.P No.3 is a stranger to the agreement made between the O.Ps (1 & 2) and the complainant.
3. O.P No.3 although entered appearance did not participate in the hearing.  Thus we conclude that O.P No.3 have nothing to say further in their defense.
4. We have gone through the case in details and perused the documents minutely as filed by the complainant and as well as by the O.Ps.  We have heard the advocates at length.  We have observed that the complainant had availed a loan from O.Ps (1 & 2) under hire purchase agreement No. NVFPPBNR 00000797998.  The OPs seized the vehicle (bearing Regd. No.OR-05AR-9840 i.e. Bolero Plus) since the complainant failed to repay the installments.  The complainant was also intimated on 29.12.2014 to repay a sum of Rs.3,94,060/- within a period of 7 days failing which the O.Ps (1 & 2) shall sale the vehicle to recover the dues.  The complainant failed to repay the dues for which the vehicle was auctioned and sold for Rs.2,60,000/- to a 3^rd party.  The complainant had sold the vehicle to O.P No.3 without knowledge of O.Ps (1 & 2) and also by deviating terms and conditions as specified vide the hire purchase agreement made between O.Ps (1 & 2) and the complainant.  The agreement of sale was made by the complainant with O.P No.3 on 20.12.2013 for a consideration of Rs.1,35,000/- and also to repay the outstanding dues of O.Ps (1 & 2) by OP No 3.  Such an agreement was made without the knowledge/consent of O.Ps (1 & 2) with whom the complainant had already made a hire purchase agreement earlier for the concerned vehicle i.e. OR-05-AV-9840.  Hence the agreement made with O.P No.3 on 20.12.2013 is illegal and void.

            ORDER

                        Basing on the facts and circumstances as stated above and to meet the ends of justice, we have observed that the complainant has deviated the terms and conditions of agreement as made with O.Ps (1 & 2).  The complainant also failed to prove deficiency in service on the part of O.ps.  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).