Orissa

Jagatsinghapur

CC/68/2019

Umesh Mohapatra - Complainant(s)

Versus

Mahindra & Mahindra Finanace services ltd. - Opp.Party(s)

Mr.N.C.Dash

28 Oct 2022

ORDER

                                                                                        JUDGMENT

 

            Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 alleging unfair trade practice and seeking following reliefs;

            “Direct the opposite parties not to repossess the MAHINDRA XUV 500 FWD Car bearing No.OD-02-R-4874 belong to the complainant and to supply a copy of the loan agreement and account statement and to adjust the unutilized D.P. amount with the installments and to receive the installment for the loan without adjusting the same in any other charges and to exonerate the complaint from any other unnecessary charges and to pay the compensation of Rs.80,000/-”.

            The brief facts of the complainant is that, the opposite party No.1 & 2 attempting to seize the vehicle without any justifiable reason and without sanction of law which amounts to gross deficiency in service and unfair trade practice which is against the observation of the Hon’ble Supreme Court. The opposite party No.1 assured the complainant to provide finance for Car and sanctioned a vehicle loan for Rs.9,80,000/- and which was to be repaid in 59 EMIs @ Rs.22,390/- for first installment and @ Rs.22,720/- for the rest 58 installments and the complainant paid Rs.2,53,551/- for margin money along with the cost of registration and insurance and the cost for documentation Rs.1,551/-, processing fee Rs.6,000/-, advance installment Rs.22,390/- and Rs.7,372/- for Mahindra Loan Surakhya Scheme and in total the complainant has paid Rs.2,91,864/-. But the opposite party No.1 & 2 had not supplied the loan agreement at the time of sanction of the loan and also collected blank signed cheques of opposite party No.3 for collection of installments from the complainant. On 13.5.2019 the opposite party No.1 & 2 without serving any notice regarding the outstanding with proper calculation and adjustment reached near the house of the complainant to repossess the vehicle where it has been parked for some mechanical trouble but failed to do so as the vehicle could not be started and also threatened to repossess the vehicle at any time with help of break down service without any settlement in spite of several requested. 

            Notice was issued to opposite parties but they did not respond, hence they are ex-parte on 16.7.2019.

            Today when the matter was called none appeared for the complainant. It appears that the loan was taken on August, 2014 having 58 monthly installments as such the agreement to pay has expired in 2019 and the matter is pending since 2019. None of parties are taking any steps since 2020, so we took up the matter as per the available in record.

            We therefore allow the complaint and ordered that the opposite parties shall not repossess the MAHINDRA XUV 500 FWD Car bearing No.OD-02-R-4874 belonging to the complainant and to supply a copy of the loan agreement and account statement and to adjust the unutilized D.P. amount with the installments and to receive the installment for the loan without adjusting the same in any other charges and to exonerate the complaint from any other unnecessary charges. With the aforesaid observation and direction the consumer complaint is disposed of.