Orissa

Cuttak

CC/72/2022

Pananga Narayan Behera - Complainant(s)

Versus

Regional Manager,HDB Financial Service Ltd - Opp.Party(s)

B K Mohanty & associates

09 Aug 2023

ORDER

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

C.C.No.72/2022

 

           Pananga Narayan Behera,

            S/o: Gopabandhu Behera,

            Village/P.O:Alipingal,

            P.S/Dist:Jagatsinghpur.                                            ... Complainant.

 

          Vrs.

 

1.       Regional Manager,

HDB Finance Service Ltd.,

Plot No.358/3478 & 357/3477,Ground Floor,

Jayadev Vihar,Near Bijupattnaik Colele,

Bhubaneswar-13,Odisha

 

2.       Branch Manager,

Unit No.24, 2^nd Floor,

K.B.Complex,StationRoad,College Square,

                 Cuttack,Pin-753003

 

 

Present:         Sri Debasish Nayak,President.

                      Sri SibanandaMohanty,Member.

 

Date of filing:   25.04.2022

Date of Order:  09.08.2023

 

For the complainant       :          Mr. B.K.Mohanty,Adv. & Associates.

For the O.Ps                      :                     None.

 

Sri Debasish Nayak,President                                           

Case of the complainant as made out from the complaint petition in short is that the complainant had purchased a truck in order to earn his livelihood after obtaining finance from the O.Ps.  As per the loan agreement, the total loan amount was of Rs.27,12,208/- which was to be repaid in 51 number of instalments @ Rs.66,217/- within 54 months.  The loan account number thereof was 6202266 and as per the conditions of the loan agreement, the O.Ps were to present the cheque on the 4^th of each month in order to realise the instalment amount.  The complainant went on repaying the said loan amount as per the agreement up to 5.8.2020 but due to the covid-19 pandemic, his business hampered, still then within the said pandemic period the complainant had paid a sum of Rs.70,000/- through phone pay and cash deposits to the O.Ps.One day while the said truck of the complainant was carrying coal through Sri Santuka Transport, the goons of the O.Ps had seized the said truck of the complainant alongwith the documents.  It is for this, the complainant has urged through his complaint petition that in case of default,the O.Ps should not have repossessedthe vehicle by engaging hired goons.  The O.Ps are claiming a sum of Rs.21,82,907.47p to be paid to them by the complainant on or before 19.3.2022 or else they would proceed for the auction of the vehicle.  Even though the complainant had prayed for providing him some time in order to arrange money and repay the outstanding arrears, the O.Ps had not listened to his grievances.  The complainant having no other way out has taken shelter before this Commission seeking direction to the O.Ps in order to release his truck and also to direct them to compensate him with a sum of Rs.10,00,000/- towards his mental agony, financial loss and forcible seizure of his vehicle as made.  He has further prayed for any other reliefs as deemed fit and proper.

In order to prove his case, the complainant has annexed copies of several documents including the loan agreement copy and bank account statement copy etc.

2.       Having not preferred to contest this case, the O.Ps were set exparte vide order dt.27.6.2022.

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?

PointNo.ii.

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

After going through the averments of the complaint petition together with the copies of documents as available in the case record, it is noticed that infact the complainant had purchased a truck and was earning by engaging it as a public carrier.  It is also admitted fact that the complainant had obtained loan from the O.Ps of this case in order to purchase the said truck and had thereby entered into a loan agreement with them which he had executed abiding to the terms and conditions thereof.  As per the agreement, he was supposed to pay the regular E.M.Is without any default but the complainant himself admits to have defaulted to certain extent during the Covid-19 pandemic period and has requested the O.Ps for allowing him further time.  His grievance is that, the O.Pshave not paid any heed to his grievances but had repossessed his vehicle through their musclemen.  While perusing the terms and conditions of the said loan agreement as provided by the complainant himself, it is noticed that in case of default the O.Ps are entitled to take repossession of the vehicle through their representatives/agents duly authorised by them as per the provision-13(V) of the said agreement.  The complainant while entering into the loan agreement with the O.Ps and while executing the loan agreement must have gone through the said conditions of the agreement.  That apart, the complainant though has alleged repossession of his truck by musclemen of the O.Ps has not amply proved the same.  When it is admitted by the complainant himself that he had defaulted in repaying the loan instalments, in absence of any provision to support him for such instance, the repossession of the said truck by the O.Ps in order to get back the advanced money appears to be lawful and cannot be termed as deficiency in service as alleged by the complainant in this case.  Accordingly, this issue goes in favour of the O.Ps.

Points no.i& iii.

From the discussions as made above, the case of the complainant is not maintainable and the complainant is not entitled to the reliefs as claimed by him.

                                              ORDER

Case is dismissed exparte against the O.Ps and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 9^th day of August,2023 under the seal and signature of this Commission.         

                                                         

                                                                                                  Sri Debasish Nayak

                                                                                                         President

 

                                                                                            Sri Sibananda Mohanty

                                                                                                    Member