Orissa

Jajapur

CC/10/2017

Brundaban Behera - Complainant(s)

Versus

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

Prasanta Kumar Das

25 Sep 2020

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,JAJPUR
Jajpur Town ,Behind Sanskruti Bhawa n (Opposite of Jajapur Town Head Post office),At ,P.o, Dist-Jajapur,PIN-755001,ODISHA
 
Complaint Case No. CC/10/2017
( Date of Filing : 10 Feb 2017 )
 
1. Brundaban Behera
vill-Basudevpur,P.O-Jahanpur
Jajpur
Odisha
...........Complainant(s)
Versus
1. Chief Manager,Shreeram Transport Finance Co.Ltd
101-105,1st Floor,B-wing shiv,chambers sector-ii,C.B.D,Belapur,Navi Mumbai-400614.
Mumbai
Maharastra
2. Branch Manager,Shreeram Transport Finance Co.Ltd
At/P.O-Jajpur Road
Jajpur
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Shri Jiban Ballav Das PRESIDENT
 HON'BLE MR. Pitabas Mohanty MEMBER
 HON'BLE MS. Miss Smita Ray MEMBER
 
PRESENT:Prasanta Kumar Das, Advocate for the Complainant 1
 Sri Prasanta Kumar Samanta, Advocate for the Opp. Party 1
Dated : 25 Sep 2020
Final Order / Judgement

 IN  THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, JAJPUR.

                                                        Present:      1.Shri Jiban ballav Das, President,

                                                                            2.Sri Pitabas Mohanty, Member.

                                                                            3. Miss Smita Ray,Lady Member.                      

                   

                                             Dated the 25 th day of  September,2020.

                                                      C.C.Case No. 10  of 2017

 

Sri Brundaban Behera  , S/O  Late Gobinda Behera   

Vill . Basudevpur  P.O. Jahanpur,

P.S/ Dist. Jajpur  

                                                                                                                  ……....Complainant .                                                                                                       

                                                  (Versus)

 

1.Chief Manager, Shreeram Transport Finance Co.Ltd, 101-105, 1st floor

     B wing Shivchambers sector-11, C.B Belapur, Navi Mumbai  

2. Branch Manager, Shreeram Transport Finance Co.Ltd, At/P.O. Jajpur Road,

     Dt.Jajpur.

 

                                                                                                                              ……………..Opp.Parties.                                                                                                                                              

For the Complainant:                         Sri P.K.Das, Advocate.

For the Opp.Parties                             Sri P.K.Samanta, Advocate  .

                                                                                                                Date of order:   25 .09 .2020

SHRI  JIBAN  BAALAV  DAS, PRESIDENT   .

            Deficiency in finance service is the grievance of the Petitioner .

            The facts shortly as per complaint petition are that the petitioner being an unemployed youth to maintain his lively hood purchased a vehicle bearing Regd. No. OD-04-1721 with the financial help of O.ps a sum of Rs.3,75,886/- . As per agreement the no. of installments  was fixed  45 @ of Rs.8350/-  per month  The repayment period  was from 20.10.12 to  20.06 16. The petitioner has already paid  a sum of Rs. 88,759/ till 19.09.2012  .Subsequently   paid 18 installments  from 20. 02 .15 to till  03.11.2015 . The petitioner already paid 2,75,709/-  to the O.Ps.  Due to  break down  of the vehicle the petitioner has failed to pay the  Emi to the O.P. That on 29. 06.16 the petitioner requested  through regd. letter to O.P.no.1 to provide the account statement regarding payment  of  installment but the O.P remained silent .  The agent of  O.P.no.2 threatened  to repossess the vehicle by using  musclemen . It is pertinent  to mention  here that

the vehicle can never be repossessed  by any illegal  way .  The O.P   have never turned up to provide the account statement to the petitioner , rather their conduct towards the petitioner is illegal and arbitrary  because the O.Ps are demanding excess amount from the petitioner .

The cause of action arose on 27.05.16  when  the O.P  demanded excess amount of Rs.1,24,816/- instead of Rs.1,00,000/- . Accordingly finding no other alternative the petitioner knocked the door of this commission  with the prayer to  direct the O.P to provide current account statement of alleged repayment to the petitioner along with 10,000/- as compensation  for negligence .

After notices the O.P appeared through their learned advocate and subsequently filed the written version taking following stands .

The petitioner entered into an agreement on dt.16.01.2015 vides agreement loan No.JJPUR0501150001 with the O.p for finance a goods  vehicle bearing Regd. No.OD-04-1721 of Rs.2,38,000/- and fianancé charge of Rs.129939/-  which to be paid by the petitioner in 47 installments @Rs.8500/- and further the petitioner avail a WCL  ( tire and insurance loan) vide agreement loan No.JJPUR00510070007 on dt.07.10.2915 of Rs.1972/- and its fiancé charge of Rs.2388/- which to be paid by the petitioner in 12 installments in toto the petitioner availed a loan of Rs.238000/- + Rs.19728/- =Rs.257728/- +132327 ( Finance charge) = Rs.390055/- out of said amount the petitioner has paid of Rs.36969/- . till March-2016. Subsequently  the petitioner has never paid a single pie to the O.p ,though the O.P made several request and communication to the petitioner including over phone, but he has never turn up to pay the loan amount.

Further It is submitted that a loanee if required a account statement he first has to   submit a application before the concerned branch manager and after verification of identity the B.M  approves the  said application, then the office will  provide  a account statement to the said person or his authorized  person , but in the  instant case the petitioner or his authorized  person never visited the office of the O.P and  only  to create a case against the O.P and  to escape from the legal liability  such false acquisition is  made  The O.P is leading non banking finance company and money has been advanced   to the petitioner is hardest penny of the company and due to non payment of outstanding dues  there is heavy loss of the company and wrongful block of funds for which the company is facing lot of financial crises and in such  circumstances the O.Ps  as well as other loanees will suffer financial loss .

            In this fact and circumstance of the case  the petition is liable to be dismissed with cost.

On the date of hearing we heard the argument from  both the sides. After perusal of the record and documents in details it is undisputed fact  that the petitioner availed a loan of Rs 3,75,886/-  for   the above alleged vehicle from the o.ps.

It is also  undisputed facts that the petitioner  is a chronic defaulters  regarding repayment of EMI. .Hence  it is our considered view that the o.ps are empowered to take steps to  recover  their loan amount when the loanee is a defaulter .The petitioner fails to establish his case.

            On the other hand the petitioner also has approached this commission to pass appropriate order not to seize the vehicle by the O.Ps  but the petitioner is a chronic defaulter and not paying the Emi  regularly as per the terms and condition of the hypothecation agreement . As per observation  of Appex court/ appellate  forum the petitioner has to pay the loan amount with interest within the stipulated  period but the petitioner never followed the terms  of the agreement . Accordingly it is our considered view  that there is no merit on the present dispute since as per observation  of Hon’ble supreme court  reported in 2006-CTJ-209- S.C  ( M.D.Orix  Auto finance ltd Vrs  Joginder Singh & another ) wherein it is held that :

“ The  O.Ps are empowered to seize  the vehicle as per terms of hypothecation agreement

Accordingly the dispute is dismissed  on contest .  Without any  cost.

            This order is pronounced in the open Forum on this the 25TH day of September,2020  under our hand and seal of the Forum

 
 
[HON'BLE MR. Shri Jiban Ballav Das]
PRESIDENT
 
 
[HON'BLE MR. Pitabas Mohanty]
MEMBER
 
 
[HON'BLE MS. Miss Smita Ray]
MEMBER
 

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