Orissa

Kendujhar

CC/6/2016

Bibhisan Chand - Complainant(s)

Versus

Mahindra & Mahindra Finance Services Ltd. - Opp.Party(s)

Sri M.S. Pati

23 Jun 2017

ORDER

IN THE COURT OF THE PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

                                                                    KENDUJHAR

                                                CONSUMER COMPLAINT CASE NO 06 OF 2016

Bibhisan Chand, aged about 31 years,

S/o- Krushna Chand,

Village – Mouda, Near Mangala Mandir,

PO/P.S- Soso, Dist- Keonjhar,

Dist. - Keonjhar………………………………………………………………………………………………Complainant

 

Vrs

 

Mahindra & Mahindra Financial Services Ltd,

Keonjhar Branch, At- Mining Road,

In Front of ICICI Bank,

PO- Keonjhar P.S- Town,

Dist. - Keonjhar…………………………………………………………………………………………………..O.P Parties

 

PRESENT:

Shri Purushottam Samantara, President

Smt. B. Giri, Member (W)

Advocate for Complainant- Sri G.N. Jena & M.S Pati

Advocate for OPs- A.K Pattnaik & R.R Rana

 

Date of filling-  01.02.2016                                                                                                 Date of order-23.06.2017

 

1. Sri Purusottam Samantara.- Succintly put , the complainant owned a auto rickshaw bearing Regd No-OD-09-5949, financed to the tune of Rs 84,888/-, vide contract No-2533503, dt 30.03.2013 EMI of 35 installment  starting from dt 30.03.2013 to 20.01.2016

It is also averred the complainant has to repay Rs1, 17,012/- as agreement value inclusive of Rs 33,012/- financial charges within dt 20.01.2016. The complainant has paid Rs 23,492/- against the said loan amount.

2. Further said complainant has not provided with agreement copy and threatening to repossess the vehicle over phone. The demand of excess amount is unethical and unfair trade practice.

3. The complainant is ready to pay the actual dues that found to be justifiable due against him, praying, necessary direction may be passed to demand the actual dues and not to repossess the financial assets without due process of law.

4. In pursuant to notice, the O.P appeared & vehemently contended the complainant has suppressed material fact. The complaint is baseless, flagrant abuse of process of law; the case has been filed to evade his legal obligation and to extract undue advantage from his own wrong.

5. Further stating, the complainant has not approach this forum with clean hands. The case abounds in false and concocted story, concealing the real state of affairs being a regular & habitual defaulter inter alia, the forums lacks jurisdiction and it is palpable the case lacks no cause of action , thus not maintainable and attract dismissal in limine.

6. Heard the counsels at the both end and perused the record.

7. On the outset, it is admitted finance has been made and the prescribed EMI has been breached complainant being in irregular and defaulter in paying the installment although finance has been procured to earn his livelihood.

8. It is also not in record, the finance company has not made any notice or intimates the default in either, further no material is available on record, the company has charged excess beyond the agreement .In absence of any record or material that the charge has been made is baseless and concocted and entire gamut of story does not reveal any cause of action which has been raised in made out a case. So we find on this score, the case is hereby dismissed on the basis of such observations; thereby the case stands disposed off.

 

Copy of the Order be made available to the parties as per rule.

File be consigned to record room.

Pronounced, 23^rd June 2017.     

 

                                                                                                                     I agree             

                                                                                                                                                                                                (Smt. B. Giri)                                                                                            (Shri Purushottam Samantara)

    Member (W)                                                                                                              President                    

DCDRF, Keonjhar                                                                                                   DCDRF, Keonjhar                                                   

           

 

                                                             Dictated & Corrected by

 

   (Shri Purushottam Samantara)

               (President

       DCDRF, Keonjhar