DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI

                                                                                C.C.NO.40 OF 2017

Present: Sri Rabindranath Mishra            - President.

                 Miss Sudhiralaxmi Pattanaik   -  Member .

                  Sri Purna Chandra Tripathy       - Member .

Sri Santosh Kumar Behera, aged -26 years.

S/O: Ekadasi Behera Village/ Po: Giumagarh

PO: Phulbani  Sadar Dist : Kandhamal                                               ……………………….. Complainant.

                                Versus.

1. Mahindra & Mahindra Financial service Ltd

Raj Complex, Main road, Gajapati Nagar,

AT/PO- Berhampur Dist: Ganjam, Odisha- 760010

2. Sidhartha Satpathy, aged- 35 years

S/O: Unknown B.P Cambains AT: Gajapati Nagar

PO- Berhampur Dist: Ganjam- Odisha.

3. Jintendra Behera

Mahindra Finance (Infornt of Khalia bandh)

At- Dhipasahi, Po- Phulbani Town.Dist: Kandhamal.                       …………………………….. OPP. Parties.

For the Complainant: Sri Ashok Kumar Behera, Advocate, Phulbani

For the OPP. Parties: None.

Date of Order: 29-01-2018

                                                                                      O R D E R

                                 The case of the Complainant is that he is the owner of one Tata magic vehicle bearing Regd. No. OD-12-3277. He purchased the said vehicle on finance by Mahindra & Mahindra Financial Services, in the year 2013. He had purchased the said vehicle due to an unemployed person and uses the vehicle for earning his livelihood being a poor person. As he could not deposit the loan amount due to financial problem he handed over the said vehicle to one Kumar kundan Singh of Masterpada, phulbani on 03-10-2016 on the basis of an agreement to repay the rest loan amount. He used the vehicle in his school for students and paid the installments before the O.P No.3. But on 25-10-2017 the O.P No.2 came to phulbani and threatened the Complainant over phone and want to seize the said vehicle from the

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premises of the school. The O.P No.2 intimated them that he came to phulbani to seize the vehicle as per instruction of the O.P No.1. In the month of September 2017 the last installment was deposited before O.P No.3. The O.P No.1 never issued any notice before going to seize the vehicle. No intimation was also given by him regarding the arrear amount if any towards the loan of the said vehicle. So, this complaint is filed by the Complainant as the O.Ps have committed gross negligence which amounts to unfair trade practice.

                                                The Complainant prayed for a direction to O.P No.1 to supply up to date loan status of the vehicle and the O.P No 1 & 2 be directed not to seize the above vehicle by force. They both be directed to pay compensation of Rs. 30,000/- towards the mental agony of the Complainant and Rs. 10,000/- towards cost of litigation and other reliefs may deem fit.

                          The O.P No.1 was set exparte as he failed to attend this Forum in spite of getting registered notice. The O.P No.2 & 3 were not pressed by the Complainant .We have heard the Complainant and the learned counsel appearing on behalf of him. We have gone through the complaint petition and the documents filed by the complainant in support of his case. It is alleged by the complainant that the last installment of the loan was deposited before O.P No.3 in the month of September 2017. It is also alleged by him that the O.P No.1 neither issued any notice nor supplied any intimation regarding arrear amount of the loan if any. It is well settled that non supply of the up to date status of the loan by the financial institution amounts to negligence and deficiency in service. As per the postal remarks of the registered cover addressed to O.P No.2, the O.P No.2 is not working in the office of O.P No.1. So, the O.P No.2 is a stranger and he was not instructed by the O.P No.1 to seize the vehicle of the Complainant. No due opportunity was given to the Complainant by the O.P No.1 to repay the arrear amount if any. It is seen from the receipt filed by the Complainant that Rs. 20,000/- was deposited by him on 22-0-9-2017. The O.P No.1 is not empowered to seize the vehicle by force as the same is against the principle of natural justice. Hence, the complaint filed by the Complainant is allowed exparte against the O.P No.1.

                           The O.P No.1 is directed to supply the up to date loan status of the above vehicle to the Complainant and not to seize the said vehicle through O.P No.2 or through any agent. Both parties are directed to settle -up their matter basing on the position of the loan amount .The outstanding loan if any the Complainant shall pay the same in suitable installments. The O.P No.1 is directed not to impose further interest from the date of filing this complaint i.e. from 26-10-2017. The above order be complied within 30 days from the date of receipt of this order. Otherwise the O.P No.1 shall pay compensation of Rs. 10,000/- to the Complainant for his mental agony and financial loss. The interim order passed on 31-10-2017 is hereby vacated.

                                                With the above direction the C.C is disposed of. Supply free copy of this order to both the parties at an early date.

MEMBER                                                                             MEMBER                                                             PRESIDENT