DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 28 OF 2015

Mithu Seikh ( 45 Yrs.),

W/O- Rasid Ansari,

RO: Qr,No. B/38 MCL Colony, Basundhara Area, 

PO: Basundhara, Dist: Sundargarh, Odisha……………….…………Complainant.

Versus

1. M/s. Shriram Equipment  Finance Co. Ltd.

Corporate Office,

At: 303-306 Sabari Samriddhi Building V.N.Purav Marg,

Next to Chembur, S.T stand, Chembur,

Mumbai- 400 071.

2. M/s. Shriram Equipment Finance Co. Ltd.,

Branch Office, J.B.S Complex, 2^nd Floor,

Near Uditnagar Police station, Raourkela,

Dist: Sundargarh, Odisha, Pin- 769 001.

3. Shriram Automal India Ltd.,

At: Tangarpali ( Infront of Talpatia Out Post),

PO: Talpatia, Dist: Jharsuguda………………….….…..….…...Opp. Parties.

Counsel for the Parties:-

For the Complainant                                  Shri B.K.Behera, Adv.

For the Opp. Party                                   Shri A.K.Sahoo ,Adv. & Associates.

Date of Order: 12.07.2016

Present

                                                                                1. Shri S.L.Behera, President.

                                                                               2. Shri S.K. Ojha, Member.

    Shri S. L. Behera, President: - The brief facts of the complainant’s case is that, he has purchased one vehicle bearing Regn. No.OR-16E-3127 which has been financed by the O.Ps. for an amount of Rs.25,00,000/- only in June,2012. The complainant was liable to pay the loan amount on or before May,2016. Due to various transport problems the complainant after discuss with the O.Ps. decided to surrendered the vehicle.  The complainant has paid Rs.10,28,000/- only till the date of surrender of vehicle on 17.09.2013.  As per the advise of O.ps. the complainant obtained a certificate from a private cost assessor who valued the said vehicle of Rs.30,00,000/- only . The O.Ps. sold the said vehicle for amount of Rs.17,00,000/- only and illegally demanding Rs.12,19,666/- only after selling of surrendered vehicle, hence this case.

The O.P. appeared through their counsel after being noticed and submitted his written version wherein it has been stated that the complainant is a defaulter in making payments of installments. The O.Ps. submitted that the complainant has taken loan of Rs.26,35,000/- only excluding interest vide Loan agreement No. RORKLO205310002.  The said loan amount was to be repaid by the complainant in 45 monthly EMIs. started from 05.07.2012 to 05.03.2016 for which the 1^st EMIs. was of Rs.55,453/- only and the 2^nd to 45^th EMIs were of Rs.79,800/- only. The complainant has outstanding dues of Rs.12,19,666/- only as on 07.04.2014 after adjusting the sale proceeds of the vehicle which was sold as the amount of Rs.17,00,000/- only and with denying all the allegations imposed by the complainant, the O.P has prayed for dismissal of the case.

Heard and perused the case record along with materials available. The complainant had obtained loan facility from the O.Ps. to purchase a vehicle. As per the written version the complainant was sanctioned loan of Rs.26,35,000/- only which was to be repaid by the complainant in 45 numbers of monthly EMIs. started from 05.07.2012 to 05.03.2016. Due to some unavoidable problems in transportation the complainant could not paid some of the installments in time and discussing with the O.ps. he decided to surrender the vehicle and finally surrendered before the O.Ps. The O.Ps. sold the vehicle for amount of Rs.17,00,000/- only and adjusting the same proceeds demanded the rest loan dues of Rs.12,19,666/- only as on dtd. 07.04.2014.  The O.ps. filed a Xerox copy of market value of the vehicle valued by one Er. B.P Choudhury ( Govt. registered valuer ) for amount of Rs.21,00,000/- only  where the complainant has filed a Xerox copy of vehicle cost assessment report prepaired by one S.P.Yadav, Sr. Manager(Excavation )(MCL) who valued the vehicle for amount of Rs.29,15,075/- only.  

Er. B.P.Choudhury who is a surveyor and loss assessor ( Govt. Regd. Valuer) having registration No. 01/01-02of Bhubaneswar has valued the vehicle and prepaired a motor valuation report on dtd. 07.10.2013 with proper descriptions of the vehicle but H.P.Yadav who is an employee of MCL, working as Sr. Manager (Excavation) has prepaired a vehicle cost assessment report on average condition of vehicle on dtd. 31.07.2013 thus the authenticity of  Er. B.P.Choudhury should be preferred.

The O.ps. demanding Rs.12,19,666/- only but fail to produce any such document describing the proper calculation of dues amount in other hand the complainant submitted that he has paid Rs.10,28,000/- only till the end of September,2013 but he has also failed to prove whether he has paid such amount or not but both the parties are agreed on selling price of the vehicle for amount of Rs.17,00,000/- only .

If we considered the actual value of the vehicle as valued by Er. B.P Choudhury which was valued on dtd. 17.10.2013 for Rs.21,00,000/- but it was sold in the month of April,2014 i.e after near about 6 month of valuation so there must be some deficit of depreciation value of the vehicle and the vehicle should be sold on the price which was the actual value of the vehicle on the date of sale of vehicle which was not actually performed by the O.Ps. on the date of sale.  As both the parties fail to produce any such document which can reflect the actual outstanding dues on complaint. 

However the vehicle was not sold on the actual value of the vehicle on the date of sale by the O.ps. it amounts to commitment of unfair trade practice on the part of O.Ps. so also the complainant is liable to pay the legitimate outstanding dues to the O.Ps. and on the above mentioned observation analysis it is our considered opinion to allow partly the complaint petition with directions to the partiers as follows:

ORDER

1. The O.Ps. are hereby directed to  calculate the actual value of vehicle bearing Regn. No.OR-16E-3127 on the date of sale, after deducting proper deficit amount from the said valued amount of Rs.21,00,000/- only  as valued by Er. B.P. Choudhury. 
2. The O.ps. are hereby further directed to deduct the actual value of the vehicle ( calculated as per order No.1) from the actual outstanding dues of the complainant and issue afresh statement of accounts infavour of the complainant within one month from the date of receipt of this order.
3. The complainant is also advised to pay the actual dues (calculated as per order No. 2) to the O.Ps.

     Accordingly the case is disposed of.

Order pronounced in the open court today the 12^th day of July’ 2016 and copy of this order shall be supplied to the parties as per rule. 

                                               I Agree.                                                                                                                       

                                         S.K.Ojha, Member                                       S. L. Behera, President                 

                                     Dictated and corrected by me

                                 S. L. Behera, President.