Orissa

StateCommission

A/459/2010

The Collection Manager, Bajaj Auto Finance Ltd., - Complainant(s)

Versus

Pitabas Behera, - Opp.Party(s)

M/s. R.K. Rout & Assoc.

06 May 2022

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
First Appeal No. A/459/2010
( Date of Filing : 06 Aug 2010 )
(Arisen out of Order Dated 13/04/2010 in Case No. CC/299/2009 of District Cuttak)
 
1. The Collection Manager, Bajaj Auto Finance Ltd.,
A/4, Forest Park, Udyana Marg, Near Post Office, Bhubaneswar, Dist- Khurda.
...........Appellant(s)
Versus
1. Pitabas Behera,
S/o- Ram Chandra Behera, At/Po- Pota Pokhari, Po- Naya Bazar, Ps- Chauliaganj, Dist- Cuttack.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Dilip Kumar Mohapatra. PRESIDING MEMBER
 HON'BLE MS. Sudihralaxmi Pattnaik MEMBER
 
PRESENT:M/s. R.K. Rout & Assoc., Advocate for the Appellant 1
 
Dated : 06 May 2022
Final Order / Judgement

 

          This is an appeal of the year 2010. In pursuant to order dated 15.3.2022 of this Commission again notice issued to all parties, notice returned from appellant with postal remark “addressee left”.

2.      The case of the complainant is that the complainant purchased a Bajaj Pulsar, DTSI, UG3ES motor cycle bearing Registration No. OR-05-AC-6810 from OP No.1 in the month of June, 2008 under a Hier Purchase Agreement executed between the complainant with the OP No.1. Complainant approached OP No. 1 for loan and loan of Rs.39,990/- was sanctioned. The contract period was 36 months towards repayment of loan dues.  Complainant failed to pay the agreed monthly installment for which the OP No.1 on 11.10.2001 forcibly taken away the vehicle from the custody of nephew of complainant. Complainant filed the complaint petition alleging deficiency in service on the part of the appellant and praying for grant of Rs.50,000/- towards compensation.

4.      OP No.1 though appeared before forum below but not filed written version and raised the question of jurisdiction and maintainability of the consumer complaint.

5.      After hearing the matter the forum below in issue no.2,  hold that the vehicle has been seized on that date without any prior notice and repossession of the vehicle without prior notice amounts to deficiency in service and directed OP No.1 to pay compensation of Rs.4,000/- and Rs.1,000/- towards litigation cost to the complainant. Challenging the said order the appellant has preferred the appeal.

6.      On going through the records, we find that the learned District Forum has rightly passed the impugned order. Hence, we confirm the impugned order of the learned District Forum.

7.      The appeal stands dismissed. No cost.

          DFR be sent back forthwith.

          Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.

 
 
[HON'BLE MR. Dilip Kumar Mohapatra.]
PRESIDING MEMBER
 
 
[HON'BLE MS. Sudihralaxmi Pattnaik]
MEMBER
 

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