DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK
Dated the 9th day of October, 2019
C.D Case No. 07 of 2017
Present 1. Shri Raghunath Kar, President
2. Shri Basanta Kumar Mallick, Member
3. Afsara Begum, Member
Basanta Kumar Mohanty
S/o Harish Chandra Mohanty
Vill/Po: Sugo,
Ps: Basudevpur,
Dist: Bhadrak
……………………. Complainant
(Versus)
1. Hinduja Leyland Finance Ltd.
Represented through its Branch Manager
At: Dahanigadhia,
Po/Ps/Dist: Bhadrak
2. Branch Manager,
Hinduja Leyland Finance Ltd.
At: Dahanigadhia,
Po/Ps/Dist: Bhadrak
…………………………..Opp. Parties
Counsel For Complainant: Sri A.K. Chand & Others, Adv
Counsel For the O.Ps: Set Ex-parte
Date of hearing: 18.12.2018
Date of order: 09.10.2019
RAGHUNATH KAR, PRESIDENT
This dispute arises out of the complaint filed by the complainant alleging deficiency of service and unfair trade practice against the O.Ps. The OP No. 2 received an application to finance him for purchasing a tractor for the purpose of earning his daily brad & butter. The OP No. 2 insisted the complainant to provide Rs 2,17,000/- as margin money to obtain a finance of Rs 4,20,000/- and accordingly the complainant deposited Rs 2,17,000/- with O.Ps but the O.Ps neither issued nor mentioned the same in the schedule of payment or any document given to the complainant. The O.Ps also did not issue receipt to that effect which is not only unfair trade practice but also serious deficiency of service. It was assured by the O.Ps that the insurance premium will be paid by them every year. The complainant purchased the tractor of John Deere- 5039D and the said tractor was registered in the name of the complainant by the O.Ps before registration authority, Bhadrak on 04.02.2016. The schedule of payment provided the complainant reveals that the complainant is to repay the finance amount in 48 installments commencing from 21.01.2016 and accordingly the complainant started repayment which has been shown in the schedule- A provided below. The details of the tractor has been provided in the schedule- B.
That the complainant repaid Rs 1,18,940/- in 9 installments within 03.12.2016 against receipts of which the Xerox copies has been enclosed. The henchman of the O.ps also collected Rs 10,000/- from the house of the complainant in the month of June 2016 i.e. 28.06.2016 and instructed to collect the receipt from the office. The complainant went to the office of the O.Ps many a times to collect the receipt but the OP No. 2 promised to give the same several times but till today it was not handed over to the complainant. Again on 19.01.2017 the henchmen numbering- 4 of the O.Ps came in a body with two bikes at about 7 P.M. obstructed the tractor and wanted to snatch away the tractor by showing of force but due to intervention of some people at Padampur Chhak the henchmen could not take the tractor but took away Rs 1,000/- sale proceeds. They have threatened that by hook or crook they will snatch away the tractor. The complainant states that he has paid Rs 2,17,000/- as margin money and Rs 1,16,940/- vide different receipts and Rs 11,000/- against which no receipt was issued. The asset value is Rs 6,17,000/- and out of which the complainant has paid Rs 3,46,490/- by way of margin and installments. The complainant has repaid Rs 1,29,940/- till 03.12.2016 in 12 installments. The complainant could not pay the EMI due to the rain seasons but at present he is preparing for the payment of EMIs. It is a matter of regret that the O.Ps have deployed some hooligans to make the account irregular by taking forcible possession.
The cause of action of this complaint arose when the henchmen of the O.Ps tried to take over the possession of the said tractor forcibly, on 19.01.2017 within the jurisdiction of this Forum. Hence the complainant has sought for following reliefs.
1. The O.Ps be permanently restrained to repossess by the help of hooligans.
2. The O.Ps be directed to issue receipts each time when the received cash.
3. The O.Ps also be directed to render faire and true accounts for the purpose of repayment.
4. The O.Ps be directed to pay Rs 50,000/- towards deficiency of service and unfair trade practice.
5. The O.Ps be directed to pay Rs 5,000/- to the complainant towards the cost of the litigation.
The schedule of payment is respect of the EMIs has been paid to the O.Ps mentioned in schedule- A and the details of the vehicle are mentioned in schedule- B as follows.
Date SCHEDULE- A Amount
1. 01.02.2016 Rs 13,980/-
2. 01.03.2016 Rs 13,980/-
3. 30.03.2016 Rs 14,000/-
4. 02.05.2016 Rs 13,980/-
5. 26.07.2016 Rs 14,000/-
6. 06.09.2016 Rs 14,000/-
7. 02.11.2016 Rs 14,000/-
8. 03.12.2016 Rs 7,000/-
9. 28.12.2016 Rs 14,000/-
SCHEDULE- B
JOHN DEERE- 5039 D (Tractor)
Registration No. OD-22E-5207
Chassis No. 1 PY5039DCFA00779
Engine No. PY 3029D387576
List of documents filed on behalf of the complainant (Xerox copy).
1. Registration of smart card- 1 sheet.
2. Certificate of registration- 1 sheet.
3. Letter dt. 24.12.2015- 1 sheet.
4. Schedule of payment- 1 sheet.
5. Money receipt issued by O.Ps- 1 sheet.
6. Copy of (2007) Volume- 2 Supreme Court case page 711 to 720.
In this present CD Case neither the O.Ps have appeared nor they have filed their written versions respectively. Hence they have been set ex-parte.
As per our observation both the O.Ps have suppressed the truth and the facts also for which they have not filed their respective written versions. Due to the non filing of written version by the O.Ps it is presumed that the complainant has come to this Forum with clean hands as well as he stands and claimed are genuine and legal. So we have reached at the following findings. Hence it is ordered;
ORDER
The complaint be and the same is allowed against the O.Ps on ex-parte. The O.Ps be permanently restrained to take forcible possession of the tractor without due course of law till the loan is liquidated. The O.Ps are also directed to issue all the money receipts with regard to the payment has been made by the complainant, as well as they are directed to render true and faire account for the purpose of repayment. The O.Ps are further directed to pay Rs 10,000/- each to the complainant towards the mental agony and harassment. The O.Ps are further directed to pay Rs 5,000/- to the complainant towards the cost of the litigation.This order must be carried out by the O.Ps within 30 days on receipt of this order failing which Rs 50/- shall be charged upon the O.Ps per each day.
This order is pronounced in the open Forum on this day of 9th October, 2019 under my hand and seal of the Forum.
