DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KEONJHAR
CONSUMER COMPLAINT CASE NO 15 of 2020
Sri Saroj Kumar Sahoo,
S/O-Shyam Sundar Sahoo
At-Badakuanr Patana,
P.O-Keonjhargarh .P.S-Town,
Dist-Keonjhar. 758001……..………………………………………………Complainant
Versus
1.M/S TATA Motors Finance LTD.
At/Po-Keonjhargarh,Dist-Keonjhar-758001
2. M/S Gajraj Automobile PVT LTD. Jharsuguda,
Dist-Sundargarh……………………………..……………….………………… Opp.Parties
Sri B.N.Patra, President
Sri. J.K.Behera, Member I/C
Advocate for Complainant-Self
Advocate for O.P 1 – R.R Rana
Advocate for Op 2 - S.K Samal
Date of filing - 21.07.2020 Date of order- 31.12.2022
Sri J.K Behera, Member (I/C)
Facts of the case in nut shell is that the complainant purchased a truck bearing Regd No- OD-09-Q-4592 having Chassis No-MAT466457k5E09392, Engine No-91E84878640 duly financed by Op-1 (TATA Motor Finance) Ltd. The said truck became troublesome and repaired at Jharguda under Opp party No-2. on dtd 27.06.2020. After repairing the complainant made cash payment of Rs 24,884/- and obtained bill. Then complainant requested Op-1 to make payment. But Op-1 refused it and arbitrarily changed excess amount. for such unfair trade practice the complainant filed this case before the Hon’ble Consumer Commission.
Under the above circumstances the case is admitted and issued notice to Op-1 and Op-2 appeared and filed their respective written version through engaged counsels. The complainant relied on following documents to prove its case.
1. Photo copy of R.C book bearing Regd No-OD-09-4592
2. Insurance papers of said vehicle (Photo Copy)
3. Tax invoice (Bill)(Photo Copy)
4. Aadhar card (Photo Copy)
5. Operators service book(Photo Copy)
Op-1 filed its written version with preliminary objection and denied all the allegation of complaint petition and from the w/v, it is found that Op-1 stated that there was agreement between complainant and Op-1 as creditor and debtor and this Commission has no jurisdiction.
The complainant has not made party to the insurance company. For which non joinder of necessary party, the case is liable to be dismissed. There is an alternative redressal forum of arbitration as per agreement. So complaint filed against the financer is not maintainable Op-1 has cited judgment of Hon’ble NCDRC 2006(ii) CPT 247 N.C.Mandal Plastic Industries Vs Bihar State Financial Corporation (1998 (2) CPR-254.
On the other hand Op-2 the Gajraj Automobile Pvt Ltd. appeared and filed written version. He has clearly mentioned that Op-2 is not liable for it. But complainant has not made party to Oriental Insurance Co Ltd. and manufacturing company so for non-joinder of necessary party the case is liable to dismissed.
Under above circumstances it is necessary to attend the following issues before deciding the case.
1.Whether the case is maintainable ?
2.Whether the case should be dismissed on the ground of non-joinder of necessary party?
3.Whether Ops have made any unfair trade practice to complainant ?
4.Whether the complainant is entitled to get any relief ?
FINDINGS
Over all it is seen that the complainant vehicle became troublesome. It is the duty of complainant to intimate the finance and insurance company immediately. The vehicle got insured with Oriental Insurance Company. So Oriental Insurance Company is liable to pay the repairing expenses to complainant. But complainant could not made the insurance company a necessary party. So due to non-joinder of necessary parties the case should be dismissed. The complainant is a consumer of Ops as because he has purchased the vehicle from Ops finance company for earning his live hood.
So the case is not maintainable. The Ops have not made any unfair trade practice. The complainant is not entitled to get any relief.
Order
The Complaint filed by complainant is dismissed without any cost.
The order pronounced in open Commission today i.e on 31st December 2022.
Free copy be supplied to parties, if applied for.
Pronounced on 31st December.2022
I agree
( Sri J. K. Behera) ( B.N Patra )
Member I/C (President)
DCDRC,Keonjhar DCDRC,Keonjhar
Dictated & Corrected by
( Sri J. K. Behera)
Member I/C
DCDRC,Keonjhar
