Orissa

Sundargarh

CC/57/2020

Bishnu Bihari Thakur - Complainant(s)

Versus

Mahindra & Mahindra Financial Services Limited, Sundargarh - Opp.Party(s)

Sri Naresh Ku. Naik, Adv. & Associates

16 Feb 2023

ORDER

      DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: SUNDARGARH-1

 

CONSUMER COMPLAINT CASE NO. 57 OF 2020

Bishnu Bihari Thakur, aged about 44 years,

S/o: Binod Bihari Thakur,

Ro/At/Po: - Sargipali,

Ps: - Lephripara,

Dist: Sundargarh.                    ….        ….        ….        ….        ….        ….        .Complainant.

Versus

1. Mahindra & Mahindra Financial Services Limited,

At: - Sankara, 1^st Floor Building,

Infornt of Banadurga Temple,

Po: - Sankara, Ps: - Town,

Dist: - Sundargarh, Odisha, Pin-770020.

2. Mahindra & Mahindra Financial Services Limtied,

At: - 1^st Floor, Sabat Tower, Near Hotel Kaveri NH-6,

Asian Highway 46, Ainthapali,

Dist: - Sambalpur, Odisha, Pin-768004.          ….        ….        ….        .Opposite Parties.

 

Counsel for the Parties:-

For the Complainant                           : - Sri Naresh Kumar Naik, Adv. & Associates.           

For the O.Ps                                        : - Sri Ashok Kumar Sahoo, Adv.  & Associates. 

Date of filing               : 05.08.2020

Date of Argument       : 19.01.2023

Date of Judgment       : 16.02.2023

Date of Order: 16.02.2023

Present

      1. Sri Dr. Ramakanta Satapathy, President.

                              2. Sri Sadananda Tripathy, Member.

Presented by Sri Sadananda Tripathy, Member.

1. The Brief fact of the complainant is that the complainant earning his livelihood and to maintain his family he had purchased a Truck LPT 3118/52 with financial accommodation under finance scheme provided by the OP vide loan contract             No. 4670381 on dtd. 28.02.2017 and  the EMI  for  60 months  till 10.02.2022 per EMI Rs. 59,950/- and finance amount Rs. 26,00,000/-. The complainant has paid the EMI Rs. 21,50,000/- regularly. The vehicle purchased by the complainant has been duly registered with the transport authority, Sundargarh vide Regd. No. OD 16-C 7442. The complainant was making regular payment of the EMIs but as the son of the complainant was seriously ill the Complainant could not pay two installments in time and there was outstanding dues of two EMI. The Complainant is ready to pay the EMI and he also requested the OP not to seize his vehicle on payment of the outstanding dues but the OP illegally demanded over dues of Rs. 3 lakhs extra and now the complainant apprehends that the vehicle might be seized and sold to other persons and in such case the Complainant shall suffer heavily as he had made some investments in the vehicle out of her own pocket. The forceful pulling away of the vehicle by the OP amounts to deficiency in service, unfair trade practice and breach of contract.   
2. The written version of O.Ps is that the complainant has availed multiple commercial vehicles on loan by financial institutions and the complainant also filed other complain cases before DCDRC, Sundargarh vide CC No. 148/19, 149/19, 150/19, 140/19, 146/19, 147/19, 04/20, 05/20, 143/19, 142/19 and 141/19 for the vehicle OD-16C 7443, OD-16C 7545, OD-16C 7442, OD-16D 3235, OD-16D 3234, OD-16D 3236, OD-16D 3238, OD-16D 3237, OD-16C 9036, OD-16C 8296 and OD-16C 8295. The complainant has more than one commercial vehicle and hence the complainant is not a consumer under CP Act 2019.
3. From the case record and evidences it is found that the complainant has multiple vehicle and he uses the vehicle for commercial purposes. The contention of the O.Ps are found correct. Further the complainant has filed different cases regarding all the vehicles separately. As the vehicles are used for commercial purpose the case is not maintainable. The complainant has not come to the Commission with clean hand. Hence the case is dismissed on contest.

         Order pronounced in the open Court today on 16^th day of Feb, 2023.

         Free copies of this order to the parties are supplied.

I agree.                                                                                                                                  

                                         

Dr. Ramakanta Satapathy, President                                                       Sadananda Tripathy    

                    Member

                                                Dictated and corrected by me

 

                         Sadananda Tripathy, Member