Orissa

Cuttak

CC/126/2022

Kunilata Sahoo - Complainant(s)

Versus

Manager,Vikranta Engineers - Opp.Party(s)

N S Panda

16 Dec 2022

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.126/2022

 

Kuni Lata Sahoo,

W/O:LateTrilochan Sahoo,

At:Chalarda,P.S:CuttackSadar,

Dist:Cuttack.                                                                                                          ... Complainant.

 

                                                                Vrs.

1.   Manager,

  Vikrant Engineers,A-38,Industrial Estate,

  Cuttack-753001,Mahendra Authorized Dealer,

  Mahindra Tractor..

 

2. Branch Manager,

Mahindra Finance Ltd.,Badambadi Branch,

At/PO/PS:Badambadi,Dist:Cuttack.                                                         ... Opp. Parties.

 

 

Present:               Sri Debasish Nayak,President.

                                                Sri SibanandaMohanty,Member.

 

               Date of filing:      05.07.2022

Date of Order:    16.12.2022

 

For the complainant:           Mr. N.S.Panda,Adv.& Associates.

For the O.Ps.           :   None.

 

Sri Debasish Nayak,President.                                               

          The case of the complainant as made in the complaint petition in short is that she being an illiterate and unemployed person had suffered huge financial loss and had suffered mental agony and harassment due to the u unfair trade practice and deficiency in service of the O.Ps.  She had purchased a Mahindra tractor worth of Rs.7,56,000/- from the OPs by obtaining finance from the O.P no.2on 25.5.2018 for her son for her self-employment and smooth maintenance of her family.  She had deposited Rs.1,56,000/- whereas the rest of Rs.6,00,000/- was obtained  as loan from the O.P no.2.  The vehicle was delivered to her on 25.5.18 and after depositing a sum Rs.39,000/- towards the registration fees along with a sum of Rs.18,000/- towards the insurance together with a sum of Rs.12,000/- towards the processing fees, she could not get the documents from O.P no.1 for which her vehicle could not be registered.  She kept on paying the E.M.Is regularly to O.P no.2 but had not received any of the documents even though four years has elapsed in the meanwhile.  She had to sell off her ancestral property in order to deposit the loan amount regularlyto the O.P no.2 from May,2018 to April,2022.  Ultimately, on 12.5.2022 she had sent legal notice to the O.Ps for getting her documents relating to her vehicle. Ultimately she had to file this case seeking direction to the O.Ps to hand over all her up-to-date documents or in the alternative to refund all the amounts with interest within a stipulated period together with a sum of Rs.70,000/- with interest within the stipulated period and also to pay a sum of Rs.9,00,000/- towards compensation.  She has further prayed for any other reliefs as deemed fit and proper.

          The complainant has filed copies of series of documents in order to prove her case.

2.       Having not contested this case, both the O.Ps were set exparte on 12.9.2022.

3.       The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps?

iii.        Whether the complainant is entitled to the reliefs as claimed by her?

Point No.ii.

Out of the three points, point no. ii being the pertinent one is taken up first for consideration here in this case.

Admittedly, the complainant had purchased a Mahindra tractor worth of Rs.7,56,000/-from the O.Psby obtaining finance from the O.P no.2  on 25.5.2018 for her son for her self-employment.  She had made down payment of Rs.1,56,000/- whereas the rest of Rs.6,00,000/- was obtained by her as loan from the O.P no.2.  The vehicle was delivered to her on 25.5.18 and after depositing a sum of Rs.39,000/- towards the registration fees alongwithanother sum of Rs.18,000/- towards the insurance together with a sum of Rs.12,000/- towards the processing fees.She could not get the documents from O.P no.1 for which her vehicle could not be registered.  She kept on paying the E.M.Is regularly to the O.P no.2 by selling her ancestral propertiesbut had not received any of the documents even though four years has elapsed in the meanwhile.  Ultimately, on 12.5.2022 she had sent legal notice to the O.Ps for getting her documents relating to her vehicle but the O.Ps  did not take any action to get her vehicle registered for which she had to file this case before this Commission for redressal of her grievance.  So the O.Ps have committed deficiency in rendering service  to the complainant.

 

            Points no.i& iii.

From the discussions as made above, the case of the complainant is maintainable and she is entitled to the reliefs as claimed by her but to the reasonable extent.

                                    ORDER

Case is allowed exparte against the O.Ps who are found to be jointly and severally liable here in this case.  The O.Ps are thus directed to hand over all her up-to-date documents or in the alternative to refund all the amounts with interest within a stipulated period together with a sum of Rs.70,000/- with interest within the stipulated period and also to pay a sum of Rs.50,000/- towards compensation for her mental agony and harassment.This order is to be carried out within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on the 16^th day of December,2022 under the seal and signature of this Commission.   

                                                                                                                                Sri Debasish Nayak

                                                                                                                                            President

                       

                                                                                                                                                                 Sri Sibananda Mohanty

                                                                                       Member