OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANGUL
PRESENT:- SRI DURGA CHARAN MISHRA.
PRESIDENT
A N D
Smt.Sunanda Mallick &Sri K.K.Mohanty,
MEMBERS .
Consumer Complaint No. 37 of 2010
Date of Filling : - 23.03.2010.
Date of Order :- 30.05.2017.
Puspalata Sahu,W/O.Satrughana Sahu,
Vill/P.O.Karada,P.S.Jarapada,Dist.Angul.
________________________________________Complainant.
Vrs.
Mahendra Finance Pvt.Ltd.
Represented through its Branch Manager,
At-1st Floor of Banita Jewellery,Santi Bazar,Angul.
_____________________________________________________ Opp. party.
For the complainant :- Sri R.Mishra & associates(Advs.)
For the opp.party :- Sri D.K.Pani & associates (Advs.)
: J U D G E M E N T :
Sri D. C. Mishra, President.
The complainant has filed this case with prayer to direct the opp.party to return the vehicle (Bolero Pickup) bearing Regd. No. OR19D 5503 to the applicant along with proper statement of account on the grounds stated there in .
2. The complainant’s case runs thus:-
That, he had purchased the Bolero Pick up van bearing Regd. No. OR19D 5503 by taking loan of Rs. 5,88,000.00 only from the opp.aprty on 14.11.2006 which was to be repaid in 58 EMIs of Rs. 9960.00 each. It is averred that, after taking the loan the petitioner regularly repaid the loan starting from the year 2006 and till 14.3.2010 she has repaid Rs. 3,88,440.00 only but thereafter due to unavoidable situation she defaulted in payment of two EMIs for which without giving any notice to the complainant and without any rhyme ofreason the opp.party forcibly seized the aforesaid vehicle from the possession on the complainant.
3. The opp.party has contested the case by filing statement of accounts against loan No. 533144, copy of NOC register and closer details of HPA(Loan) No 533144.
4. In view of the rival pleadings of the parties the following issue arise for consideration .
: I S S U E:
Whether the opp.party is entitled to return the Bolero Pick up van bearing Regd.No. OR19D 5503.
IssueNo.(i):-
The opp.party has filed the copy of the settlement (agreement) between the parties which reveals that the complainant has admitted about default in payment of Rs,. 1, 59,360.00 only against her loan account and has finally settled the case on payment of the above amount and the complainant has specifically agreed vide Para- 6 of the agreement (settlement ) to withdraw any case, suit application, complaint or other judicial or other proceedings initiated against the opp.party. The complainant’s counsel has not disputed this settlement of agreement executed by both the parties. Thus, the matter has been settled by both the parties and they have already arrived at full and final settlement. As per clause- 6 of the agreement now this complaint case is not maintainable.
However during argument the complainant’s counsel submitted to award some amount towards mental agony and cost of litigation but the complainant has not averred this fact in the complaint petition without specific mention , this forum cannot decide what mental agony the complainant sustained and how much expenses she made in this litigation . In view of Para- 6 of the agreement (settlement ) between the parties it is presumed that she has already relinquished her claim about mental agony and cost of litigation. The settled principle of law is that the grounds pleaded by the parties can only be decided. Since the complainant has not pleaded any relief towards cost of litigation and mental agony in her petition, her subsequent prayer during argument cannot be full filled.
6. In view of the above discussion this forum is driven to irresistible conclusion that the case of the complainant is not maintainable .The complainant is not entitled to get any relief.
7. Hence the order:-
: O R D E R :
The complaint case is disposed of on contest between the parties. The case is not maintainable and it is dismissed on contest. The complainant is not entitled to get anything towards mental agony and cost of litigation.
Order delivered in the open forum
today the 30th May,2017 with
hand and seal of this Forum.
Typed to my dictation
and corrected by me Sd/-
(Sri D. C. Mishra)
Sd/- President.
(Sri D. C. Mishra)
President .
Sd/-
Sd/- (Sri K.K.Mohanty),
(Smt.S.Mallick) Member.
Member.
