Orissa

Jagatsinghapur

CC/113/2018

Prasanta Kumar Sethi - Complainant(s)

Versus

Mahindra & Mahindra Financial service ltd ,Branch manager - Opp.Party(s)

Mr.N.C.Dash

10 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION JAGATSINGHPUR
JAGATSINGHPUR
 
Complaint Case No. CC/113/2018
( Date of Filing : 04 Oct 2018 )
 
1. Prasanta Kumar Sethi
At/po-Bhutmundai
Jagatsinghpur
...........Complainant(s)
Versus
1. Mahindra & Mahindra Financial service ltd ,Branch manager
At-Badambadi po-Arunodaya market
Cuttack
2. Mahindra & Mahindra Financial Service ltd , Manging Director
At-2nd floor sadhar house 570 Pb mag
3. B.M , U.B.I Bhutmundai
At-Badabazar
Jagatsinghpur
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. PRAVAT KUMAR PADHI PRESIDENT
 HON'BLE MRS. MADHUSMITA SWAIN MEMBER
 
PRESENT:
 
Dated : 10 Mar 2023
Final Order / Judgement

ORDER BY HON’BLE MEMBER-MRS. M. SWAIN:

                                                                                           JUDGMENT

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

            “Direct the opposite parties not to repossess the vehicle bearing No.OD-21-D-4394, supply a copy of the loan agreement and other connected documents, receive the installment for the loan without adjusting the same in any other charges and pay Rs.97,000/- towards compensation”.

            The brief fact of the case is that the complainant is a resident of village of Bhutmundai of Jagatsinghpur District which comes under jurisdiction of this Commission. The Complainant approached to the opposite party No.1 in the year 2016 for a vehicle loan of Rs.6,75,000/-to purchase one TUV300T4+ for maintaining his livelyhood. After purchase the vehicle got registered with the registering authority with a Regd. No.OD-21-D-4394 and also the vehicle insured through finance company on payment of the complainant. During the time of agreement the opposite parties did not provide loan agreement to the complainant but have taken blank signed cheques from complainant for security purpose. The complainant repaid the installments regularly but due to his ill health condition he could not repay four installments in time. On 26.9.2018 without serving any notice to the complainant opposite parties with their musclemen reached the house of the complainant to repose the vehicle but due to some mechanical problem the op did not repossess the vehicle but threatened the complainant to repossess the vehicle any time with breakdown services. On 27.9.2018 the complainant went to the office of the opposite parties and requested for the loan agreement, accounts of statement and other connected papers to know the actual status of the vehicle but the opposite parties refused to give same. Hence this complaint.

            Notice was issued to opposite parties on 5.10.2018 and the opposite parties No.1 & 2 appeared through their Advocate Mr. P.K. Ray but not filed written version. Hence opposite parties have set ex-parte vide order No.13 on 06.6.2019.

            The complainant purchased TUV300T4+ for maintaining his livelyhood through opposite parties and he also regularly repaid the Installments but due to his prolonged health problem he could not pay 04 installments in time and by that time he had already paid 22 installments. Without giving prior notice to the complainant and without giving loan agreement and accounts statement the opposite parties tries to repossess the vehicle which is negligence on the part of opposite parties which amounts to deficiency of service on the part of the opposite parties. The opposite parties are directed to supply copy of loan agreement, accounts of statement and other connected papers to the complainant after deducting the overdue charges and other unnecessary charges. With the aforesaid observation and direction the consumer complaint is disposed of without any cost.

 
 
[HON'BLE MR. PRAVAT KUMAR PADHI]
PRESIDENT
 
 
[HON'BLE MRS. MADHUSMITA SWAIN]
MEMBER
 

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