Orissa

StateCommission

A/412/2013

Mahendra Samanta - Complainant(s)

Versus

Manager, Magma Leasing Ltd. - Opp.Party(s)

M/s. S. Nanda & Assoc.

18 Jan 2023

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
First Appeal No. A/412/2013
( Date of Filing : 13 Sep 2013 )
(Arisen out of Order Dated 18/06/2013 in Case No. Complaint Case No. CC/70/2010 of District Jajapur)
 
1. Mahendra Samanta
S/o: Purna Chandra Samanta, At: Ankula, P.O/P.S/Dist.: Jajpur
...........Appellant(s)
Versus
1. Manager, Magma Leasing Ltd.
At: Nirmala Plaza Complex, 1st Floor, Air Port Square, Forest Park, Bhubaneswar
2. Manager, Magma Finance Corporation Ltd.
Regd. Office At: Magma House, 24 Park Street, Kolkata -700016
West Bengal
3. Manager in-Charge, Magma Finance Corp. Ltd.
Top Floor of TATA Indicom Office, Near Chorda Bye-Pass, Jajpur Road, District: Jajpur
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
 HON'BLE MR. Pramode Kumar Prusty. MEMBER
 HON'BLE MS. Sudhiralaxmi Pattnaik MEMBER
 
PRESENT:M/s. S. Nanda & Assoc., Advocate for the Appellant 1
 
Dated : 18 Jan 2023
Final Order / Judgement

                 Heard the learned counsel for  the appellant. None appears for the respondent.

2.              This appeal is  filed  U/S-15 of erstwhile  Consumer Protection Act,1986(herein-after called the Act). Hereinafter, the parties to this appeal shall be referred to  with reference to their respective status before the learned District Forum.

3.              The case  of the complainant, in nutshell  is that  the complainant  had availed loan under loan-cum-hypothecation agreement from OP. The final payment of Rs.8,000/-  was made as installment on 24.04.2009. Thereafter  the complainant approached the OP for issue of NOC but it was not issued. Thereafter the legal notice was given  by the complainant.  Since, no reply came out, the complaint is filed.

4.              The OP  filed written version stating that they have produced all the papers before the insurance authority  and the complainant executed agreement in favour of OP  on 13.03.2006. It is further averred that  the complainant  has made agreement in favour of the OP No.1. As per agreement the complainant has paid Rs.1,92,000/-  as margin money to obtain the finance. The complainant did not pay installment for which there is outstanding of  Rs. 43,452.36  against him. The complainant  did not get any insurance dues of Rs.9,529.00. Since, all these claims are settled, the complainant  has falsely filed the complaint case. Therefore, there is no deficiency in service on the part of the OP.

5.                  After hearing both the parties, learned District Forum   pleased to dismiss the complaint.                            

6.                 Learned counsel for the appellant submitted that learned District Forum has committed error in law by passing the impugned order. Learned District Forum has not  passed order in favour of the complainant  by allowing more interest because complainant  is entitled to 9% interest. Since the interest part is not  adjusted properly although complainant is entitled to more interest, learned District Forum failed to pass  the order in accordance with law. So,  he submitted that the impugned order should be set-aside  by allowing the appeal.

7.                 Considered the submission of learned counsel for the appellant, perused the DFR and impugned order.

8.               We have gone through the judgment.  No agreement is filed to show   that the complainant is entitled to  more interest or OP also  liable  to give more interest.

9.               In the result, the correct order is  passed by the learned District Forum  and there nothing to interfere  with it. There is no more interest chargeable.  We only modified the impugned order by directing the OP to issue NOC to the complainant  and thus, the OP has not come  in appeal.

                  The appeal is disposed of accordingly. No cost.   

                Free copy of the order be supplied to the respective parties or they may download same from the confonet  or website of this  Commission to treat same as copy of order received from this Commission.   

                              DFR be sent back forthwith.

 
 
[HON'BLE MR. JUSTICE Dr. D.P. Choudhury]
PRESIDENT
 
 
[HON'BLE MR. Pramode Kumar Prusty.]
MEMBER
 
 
[HON'BLE MS. Sudhiralaxmi Pattnaik]
MEMBER
 

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