Orissa

Sambalpur

CC/21/2014

Biraj Panigrahi - Complainant(s)

Versus

Shriram Transport Finance Company Ltd. - Opp.Party(s)

S.D.Naik

25 Jul 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer.Case No.- 21/2014

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member

 

Sri. Biraj Panigrahi,

S/O- Santapani Panigrahi

R/O-Panchamukhi Chowk, Kuchinda, Po/PS-Kuchinda,

Dist-Sambalpur,Odisha-768222                                                       …..Complainant

 

Vrs.

1. Sriram Transport Finance Co. Ltd.

Hara Gouri Vihar, Infront of TELCO Service Centre,

Near N.H.6, Ainthapali, Sambalpur.

2. Mr. Sudipta Kumar Tripathy,

Advocate Sambalpur for Shriram Finance Company Ltd.

At/Po/Ps/Dist-Sambalpur                                                        ….Opp. Parties

Counsels:-

1. For the Complainant  :-              Sri. S.Naik, Advocate & Associates.
2. For the O.Ps                   :-            Sri S.K.Mishra, Advocate & Associates.

DATE OF HEARING :XXXXX DATE OF JUDGEMENT : 25.07.2022

Dr. Ramakanta Satapathy, PRESIDENT:

1. The case of the Complainant is that vehicle No. OR 15M-5506 has been hypothecated to the O.P. No.1finance company vide Agreement No. BMBLP-0809040001 dated 04.09.2008 for an amount of Rs. 2,55,554/- and as per agreement Rs. 1,22,257/- and principal to be paid to the O.P. No.1. the Complainant from 05.10.2008 to 05.01.2018 every month paid Rs. 8038/- installment amount.

The Complainant received an advocate notice on 12.12.2013 from the O.P. No.2 and know that 24% interest P.A. has been charged. The Complainant has surrendered the vehicle in good condition. The O.P. No.1 made the auction sale on 28.10.2013 for Rs. 75,000/- and in the advocate notice stated that the auction was made in his presence. The Complainant challenged the auction sale and claimed for compensation.

2. The case of the O.P. No.1 is that The Principal amount of Rs. 2,55,554/- and interest Rs. 1,22,257/- was to be paid by the Complainant in 47 monthly installments from 05.10.2018 to 05.08.2012 for the vehicle. The Complainant till 05.10.2010 deposited Rs. 1,71,451/- and surrendered the vehicle on 22.11.2011.On 28.10.2013 auction sale was made with highest bid price Rs. 75,000/-. The sale amount was adjusted. For the outstanding amount of Rs. 2,58,546/- advocate notice was issued on 29.11.2011 but the Complainant failed to pay.

The case was referred for arbitration to the sole Arbitrator Mr. M.C. Rath vide Arb. Case No. 1531/14 No illegality or irregularity has been committed by the O.P. No.1 and the Complainant is not entitled for any compensation.

3. After perusal of the documents filed by the parties it is ascertained that the Complainant entered into a hypothecation agreement with O.P. No.1, paid installments till 05.10.2010 and when failed to pay balance amount,  surrendered the vehicle on 22.11.2011. From the arbitration award dated 25.08.2016 it reveals that the Complainant is to pay Rs. 3,90,226/- with subsequent interest @12% P.A. on Rs. 2,58,546/- from the date of claim i.e. 13.01.2014.

The O.P. No.1 before going to arbitration issued notices to the Complainant, the Complainant surrendered the vehicle, inventory made on 29.11.2011 and before auction sale issued notice dated 30.11.2011 and finally gave sale notice on 19.12.2011.

In the present case the Complainant has not come to the Forum/Commission in clean hand. The Complainant has not whispered single word regarding arbitration case. Later also no any order of the higher court filed against the arbitration award. The award passed by the arbitrator is binding on the parties.

An aggrieved person is entitled for compensation when there is actual damage caused. In the instant case as the Complainant voluntarily surrendered the vehicle to the O.P. No.1, made a party to the advocate for O.P. No.1 i.e. O.P. No.2 which clearly reflects the attitude of the Complainant. Accordingly, we are not inclined to given any order for compensation to the complainant.

The complaint is dismissed on contest. No cost.

Order pronounced in open court on this 25^th July 2022.

Supply free copies to the parties.