Orissa

Jajapur

CC/62/2014

Pravash Kumar Jena - Complainant(s)

Versus

Magma Finance Limited - Opp.Party(s)

D.R.Behera

28 May 2015

ORDER

                         IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                        Present:   1.Sri Pitabas Mohanty, Presiding Member,

                                                                         2.Miss Smita Ray, Lady Member.                            

                                                                   Dated the 28th day of May,2015.

                                       C.C.Case No.62 of 2014

Pravash kumar Jena S/O Late Kandury ch.Jena

At/P.O. Kolanagiri (Nankar)P.S.Balichandrapur

Dist.Jajpur.    …… ……....Complainant .                                                                       .

                   (Versus)

1.Magma Fincorp Ltd, Represented through its Regional Manager

    At.AI,Nirmal plaza,P.O.Forest park,Near Airport Square,Bhubaneswar.

2. The Managing Director, Magma Fincorp ltd,At.24 park street, Kolkata

3. Branch Manager, Magma Fincorp Ltd,At/P.O. Chandikhole,Dist. Jajpur.

                                                                                                           …………………..Opp.Parties.

For the Complainant:        Sri D.R. Behera, Sri H.S.Deo, B.N.Udgata, R.K.Jena, Advcates.

For the Opp.Parties          Sri A.K.Pahil, Advocate.                                        

                                                                                               Date of order:   28.05. 2015.

SHRI  PITABAS  MOHANTY, PRESIDING  MEMBER .

                        The petitioner has filed the above  dispute against the O.Ps. alleging deficiency in service.

                        The facts as stated by the petitioner in the complain petition shortly is that the petitioner had availed a loan from H.D.F.C Bank by paying Rs.78,521/- as initial deposit for purchasing the vehicle bearing No.0R-09F-7866 and for such  loan the petitioner though has  executed hypothecation agreement with the H.D.F.C Bank but subsequently the above loan has been transferred to Magma Sharchi Finance . It is alleged by the petitioner that as against the above cited loan though the petitioner has repaid the total loan amount along with interest amounting to  Rs.9,06,803/- having each monthly installment @ Rs.20151/- but after repayment of loan instead of several approach and legal notice the O.Ps. are not issuing NOC in favour of the petitioner in respect of the above cited vehicle claiming further Rs.20,144/- as defaulted installment to which the petitioner is no way liable to pay. As such finding no other way the petitioner has filed the present dispute claiming Rs.70,000/- towards financial loss, litigation charge and compensation for mental agony.

                        The O.Ps. after appearance have filed the written version denying the allegation of the petitioner . In the written version the O.Ps. basing on the observations of National Commission have stated that the petitioner is not entitled for NOC since he has not cleared up the entire loan of Rs.6,99,000/- along with interest as per term and condition of hypothecation agreement. According to O.ps after availing the loan the petitioner was a defaulter and at present the petitioner is liable to pay the outstanding amount against the loan availed by the petitioner. The O.ps are not bound to issue NOC until and unless the entire outstanding amount is not paid by the petitioner. In view of the above narrated situation the dispute is liable to be dismissed since there is no deficiency in service or unfair trade practice on the part of the O.Ps.

                        After perusal of the record we are inclined to dispose of the present dispute as per our observation stated below :

Though it is stated by the petitioner that he has cleared up the entire loan but in the complain petition, the petitioner has not stated in which year such loan has been availed by the petitioner and what was the loan amount..

2. The petitioner though has filed the Xerox copy of the money receipt but has not filed the statement of account along with repayment schedule.

3. As per letter of O.ps. dt.09.04.2014 the O.Ps. have claimed Rs.20,144/- towards defaulted installments.

                        In the above narrated situation we are in the considered view that this Fora  gets no jurisdiction to adjudicate the present dispute as per observation of Hon’ble  National Commission and Odisha State Commission reported in 1998(3) CPR-28-NC wherein it is held that:

                        “ any dispute relating to accounts in civil dispute “.

C.C.Case No.43/2010  Odisha ,wherein it is held that :

“ since the O.ps. are claiming notice the commission lacks jurisdiction to      decide the same since it is accounts matter “.

O R D E R

                        In the result the dispute is dispose of with the liberty to the petitioner to approach the Civil Court for his grievance. No cost.                                 

      This order is pronounced in the open Forum on this the 28th day of May ,2015. under my hand and seal of the Forum.

                                                                                              

 

(Miss Smita Ray)                                                                 (Shri Pitabas Mohanty)                                                         

  Lady Member.                                                                        Presiding    Member.                                                                       

                                                                    Typed to my dictation & corrected by me                                                                                                                   

                                                                                             (Shri Pitabas Mohanty)                                                         

       .                                                                                        Presiding    Member.