Orissa

Cuttak

CC/25/2019

Ohida Begum - Complainant(s)

Versus

Managing Director,Hero Fincorp Ltd - Opp.Party(s)

B M Mohapatra & associates

07 Jun 2023

ORDER

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

C.C.No.25/2019

         Ohida Begum,

         D/O:Rahimatullah Khan,

         W/O:Md.Zafrula,

        At:Pankal,P.O:Nuapatana,

       P.S:Tigiria,Dist:Cuttack.                                                  ... Complainant.

 

          Vrs.                        

 

1.       Managing Director,

Hero Fincorp Ltd.,

09,Basant Lak, Vasant Viar,

New Delhi-110057.

 

2.       State Head,

Hero /fincorp Ltd.,

JMG Automobiles,Professorpara,

                   PO: Buxibazar,Town/Dist: Cuttack

 

3.       Branch Office, Hero Fincorp Ltd.,

Sunny Motors,At:KanikaChhak,

               Tulasipur,P.OP: Tulasipur,PS-Bidanasi

              Town/Dist : Cuttack

      4.    Owner of Mahalaxmi Motors,

             At: Bidyadharpur,PO-Vimanpur

             Via-Nuapatana,Dist-Cuttack.

 

           5.         R.T.O,Cuttack,

    PO: Chandinichowk,Dist-Cuttack.                                ...Opp. Parties.

 

Present:            Sri Debasish Nayak,President.

                             Sri SibanandaMohanty,Member.

 

Date of filing:    18.02.2019

Date of Order:  07.06.2023

 

For the complainant:            Mr. B.M.Mohapatra,Adv. & Associates.

For the O.Psno.1,2 & 3 :  Mr. D.P.Tripathy,Adv. & Associates.

For the O.P no.4:                            None.

For the O.P no.5:                     Self.

Sri Debasish Nayak,President.

                                           

          Case of the complainant bereft unnecessary details as made out from the complaint petition in short is that she had obtained the loan amount of Rs.39,934/- from the O.P/Financier vide Loan A/c. No.BDPTWL00100001701660 after executing the loan-cum-hypothecation agreement with  condition to repay the said loan in 35 number of E.M.Is @ Rs.2230/- effective 4.8.2017 till 4.6.2020.  She had paid 10 number of E.M.Is to O.P no.4 through O.P no.3.  The complainant defaulted in paying two number of instalments due to accident of her vehicle for which she had approached O.Ps no.3 & 4 for a settlement.  But to her dismay, the O.Ps had seized her vehicle on 17.11.18 at about 3.00 p.m. near Pankal Village of Tigiria in the district of Cuttack.  Thereafter, the complainant had tried  many a times to get her vehicle released by paying the defaulted amount but since because the O.P/financers refused she had  approached this Commission and had filed this case claiming compensation from the O.Ps for a sum of Rs.25,000/- towards her mental agony and harassment, a sum of Rs.15,000/- towards loss of her social prestige, a sum of Rs.10,000/- towards cost of her litigation and also a sum of Rs.50,000/- towards compensation for the unfair trade practice by the O.Ps.

          Alongwith her complainant petition, the complainant has filed copies of several documents in order to establish her case.

2.       Out of the five number of O.Ps, having not preferred to contest this case, O.P no.4 has been set exparte vide order  dated 17.12.19.   However, O.Ps no.1,2 & 3 have conjointly filed their written version who have contested this case whereas O.P no.5 has filed his separate written version.  According to the written version of O.Ps no.1,2 & 3 the case of the complainant is not maintainable.  They admit about the loan extended to the complainant thereby enabling her to purchase a Hero Passion Pro vehicle bearing Regd. No.OD-05AB-9804 and the loan amount was of Rs.56,230/- which was given to her vide Loan-cum-Hypothecation agreement no.BDPTWL00100001701660.   It was agreed therein that the complainant should repay the loan amount in 36 number of instalments amounting to Rs.2230/- each starting from 8.9.2017 to 8.8.2020.  Since because the complainant defaulted in paying the regular E.M.Is, the O.Ps had all rights to repossess the vehicle for which they had advanced the loan to the complainant for securing the outstanding dues against her as per law.  Thus, there was no such practice of unfair trade nor there was any deficiency in service on their part as alleged since because they had adhered to the process of law and had sent demand notice to the complainant accordingly.  Thus, the O.Ps no.1,2 & 3 through their written version have conjointly prayed for dismissal of the complaint petition as filed.

          These three O.Ps have also filed copies of several documents alongwith their written version in order to prove their stand.

          O.P no.5 however through his application/written version has stated about the registration of the vehicle of the complainant bearing No.OD-05AB-9804 which complainant had purchased through hire purchase agreement.  When the complainant received notice to transfer theownership she had filed this case and accordingly, O.P no.5 has mentioned that he has no right to intervene in the business of the financiers of this case.

3.       Keeping in mind the averments as made in the complaint petition and the contents of the written versions of the O.Ps, this Commission thinks it proper to settle the following issues in order to arrive at a proper conclusion here in this case.

          i.          Whether the case of the complainant is maintainable?

          ii.         Whether there was any deficiency in service on the part of                                     the O.Ps and if they had practised any unfair trade  ?

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

 

 

Issue no.ii.

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

          After going through the contents of the complaint petition, the writtenversions and perusing the copies of documents as available in this case record, it is noticed that infact the complainant had purchased one Hero Passion Pro vehicle after obtaining finance from the O.Ps no.1,2 & 3 and she had executed the Loan-cum-Hypothecation agreement bearing No.BDPTWL00100001701660 to that effect with the O.Ps thereby agreeing to repay the loan incurred by her in regular instalments.  After going through the Annexures which are copies of letters sent by the O.Ps no.1,,2 & 3 to the complainant, which reflect the demand  made by them asking the complainant to clear the outstanding dues for which she had defaulted by not paying the E.M.Is.  They have also issued to the complainant pre-sale and post-sale notices claiming the outstanding dues.  Those letters were sent to the complainant through registered posts.  Thus, it is quite clear here in this case that the complainant after becoming a defaulter and getting notices from her financiers to clear the outstanding dues, had approached this Commission in order to implicate them unnecessarily.  Accordingly, this Commission finds no deficiency in service on the part of the O.Ps who had acted as per law when the complainant had breached the terms and conditions of the Loan-cum-Hypothecation agreement as executed by her with the O.Ps and there is also no practice of unfair trade noticed on the part of the O.Ps.

Issues no.i& iii.

          From the discussions as made above, the case of the complainant is not maintainable and the complainant is not entitled to any of the reliefs as claimed by her.  Hence it is so ordered;

                                              ORDER

          Case is dismissed on contest against the O.Ps no.1 to 3 & 5 and exparte against O.P no.4 and as regards to the facts and circumstances of the case without any cost.

             Order pronounced in the open court on the 7^th day of June,2023 under the seal and signature of this Commission.          

                                                                                                                   Sri Debasish Nayak

                                                                                                                             President

 

                                                                                                             Sri Sibananda Mohanty

                                                                                                                  Member