Orissa

Jajapur

CC/5/2015

Subodh Chandra Nayak - Complainant(s)

Versus

Manager ShriRam Transport Finance Co.Ltd - Opp.Party(s)

Pradepta Kumar Samal

16 Oct 2015

ORDER

                           IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                        Present:      1.Shri Biraja Prasad Kar, President

                                                                            2.Sri Pitabas Mohanty, Member,

                                                                            3.Miss Smita Ray, Lady Member.

                                              Dated the 16th day of October,2015.

                                                      C.C.Case No.05 of 2015

Subodh Chandra Nayak S/O Ugrasen Nayak

Vill/ P.O-Pangata,P.S.Dhusuri

Dist.-Bhadrak.                                                                                     …… ……....Complainant .                                                                       .

                   (Versus)

1.Manager,Shriram Transport,Finance Company Ltd, 123, Angappa, Naukenstreet, Chennai

2. Branch Manager, Shriram Transport Finance Co. Ltd, At/P.O- Chandikhole

     Dist.-Jajpur.                                                                                            …………………..Opp.Parties.                                                            

For the Complainant:                           Sri P.K.Samal,Sri P.K.Das,Sri C.R.Ojha,Advocates.

For the Opp.Parties :                            Sri P.K.Ray,A.R.Sethy,P.K.Mohapatra,Advocates.                                                                                                                     Date of order:   16. 10. 2015.

SHRI  PITABAS  MOHANTY,  MEMBER .

                        The petitioner has come with this complain petition alleging deficiency in service on the part of the  O.Ps. since the O.Ps are trying to repossess the vehicle  forcibly.

                        The facts of the dispute in short is that as per complaint petition the  petitioner had purchased a Tractor bearing Regd. NO.0R-09-E5414 to maintain his livelihood under Hire Purchase Agreement from the O.Ps. on 18.01.2008  by availing the loan of Rs.4,20,000/- .

                        The repayment time fixed by the O.Ps was from 15.07.2008 to 15.10.2011 i.e 45 installments . That the petitioner has already paid Rs.3,12,000/-and on account of break down of the vehicle., the petitioner was unable to pay the next amount including O.D.C in due time. As a result the O.Ps  have sent a default notice on 01.07.10 to the petitioner for the first time.

                        That the cause of action arisen on 01.01.2015 when the O.P no.2 has made an attempt to repossess the vehicle forcibly  but the petitioner managed to escape from the O.Ps. no.1.

                        Accordingly the petitioner has filed the present dispute with the prayer to direct the O.Ps. not to repossess the vehicle since the petitioner is ready to repay the entire dues as per law.

                        The O.Ps. have  appeared through their learned advocate and filed the written version denying the allegations of the petitioner as well as have stated:

1. That the present complaint is not maintainable either in law or in facts.
2. That the relief sought for in the instant consumer like to direct the O.Ps. not to repossess the vehicle by illegal means till disposal of the case is peculiar prayer  as this seems to deem interim relief and no relief can be granted in the initial order  even if the complaint is allowed by the Hon’ble Forum.
3. That the instant case, the agreement period is already over since dt  15.10.2011 and admittedly the complainant is a defaulter and the statement of the complainant’s loan account reveals that the complainant is liable to pay Rs.17,95,374/- on dt.04.02.2015 which includes Rs.6,30,672/- towards installment and Rs.14,60,624/- towards D.P.C along with other expenses.
4. That the financed vehicle is a commercial vehicle and the complaint can not be accepted as a consumer .
5. That in the complaint petition the complainant has stated that he is ready and willing to pay the entire dues, so he may be directed to pay the same and in that event nothing survives for adjudication before this Hon’ble Forum.
6. That it is also stated by the O.Ps that the O.Ps. are entitled to take over the financed  vehicle in terms of the agreement when admittedly the complainant is a defaulter, and agreement period is over since last four years and complainant is liable to pay a huge outstanding dues of more than Rs.14,00,000/- . However, it is submitted that the instant complaint has been filed on the basis of apprehension, surmises and conjecture which is not sustainable in the eye of law. Accordingly  the O.Ps. humbly pray the learned forum that in exercise of the power conferred U/S 26 of the Act , this frivolous complaint may be dismissed with exemplary cost.

            On the date of hearing we heard the argument of learned advocate of O.Ps. After hearing we have perused the record along with documents of both the parties in details.

            In our considered view  the petitioner has purchased a vehicle taking financial help from the O.Ps. under Hire purchase Agreement and admittedly the petitioner is a huge defaulter so also  the agreement period already over since from last  four years.

            Basing on the pleadings and documents available on record and prayer  of the complaint petition we are declined to grant such prayer of the petitioner since it violate the guide line of Hon’ble Supreme Court reported in 2006-CTJ-209-S.C(M.D Orix Auto Finance India Ltd Vrs. Jagmandar Singh & another)wherein it is held that:

‘ In case of default re-possession of the vehicle clearly permissible in terms of the Hire purchase Agreement.’

                                                                                    O R D E R

                In the result the dispute is dismissed . No cost.                                

   This order is pronounced in the open Forum on this the 16th day of October,2015. under my hand and seal of the Forum.                                                                                             

 

(Shri Biraja Prasad Kar)                                                                  (Shri Pitabas Mohanty)                                                         

          President.                                                                                         Member.                                                                       

                                                                                              Typed to my dictation & corrected by me

 

(Miss Smita Ray)

 Lady  Member.                                                                              (Shri Pitabas Mohanty)

                                                                                                                   Member.                                                                                                                                    

                                            

                                                                                                

          .