Karnataka

Chitradurga

CC/21/2017

Noohusab S/o Ibrahim sab - Complainant(s)

Versus

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

Sri.E.Thippeswamy

07 Feb 2018

ORDER

COMPLAINT FILED ON:16.02.2017

DISPOSED      ON:03.02.2018

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO: 21/2017

 

DATED:  3^rd FEBRUARY 2018

PRESENT: - SRI. T.N. SREENIVASAIAH  : PRESIDENT                                   B.A., LL.B.,

                   SRI.N. THIPPESWAMY        :MEMBER

                                 B.A., LL.B.,   

……COMPLAINANT	Noohu Sab S/o Ibrahim Sab, Age:55 Years, Owner of Lorry bearing Regn. No.KA-17-A-6201, R/o Ajjappanahally Village, Yelagodu Post, Bharamasagara Hobli, Chitradurga.      (Rep by Sri. E. Thippeswamy, Advocate)
V/S
…..OPPOSITE PARTY	Shriram Transport Finance Co. Ltd., Registered Office at Chennai, Having Branch office at Chitradurga, represented by its Branch Manager, II Floor, Vanigothra Complex, B.D. Road, Chitradurga.   (Rep by Sri.Ananthakumar S. Habib, Advocate)

ORDER

SRI. T.N.SREENIVASAIAH : PRESIDENT     

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OP for grant of mandatory injunction to release the schedule vehicle and to reschedule the loan account for two years if any due from the complainant towards repayment of the loan and to pay Rs.8,30,400/- towards loss and such other reliefs.

2.     The brief facts of the case of the above complainant are that, he is the RC owner of the lorry/truck bearing Registration No.KA-17 A-6021.  The same has been purchased by the complainant by the loan obtained from the OP in the month of November-2007 for a sum of Rs.10,80,000/-.  After purchase of the said vehicle, the complainant has paid nearly Rs.8,08,500/- to the OP.  After that, the complainant failed to pay the remaining installment amount to the OP.  The OP has filed a suit against the complainant before the Civil Judge (Jr.Dn) at Davanagere in O.S.No.669/2012.  The Hon’ble Civil Judge (Jr.Dn) at Davanagere disposed of the case by passing an order directing both the parties to approach Arbitrator for redressal.  The complainant has filed this complaint before this Forum and prayed for grant of mandatory injunction against the OP to release the seized vehicle and for permanent injunction.  Here the point for consideration is to whether the prayer sought by the complainant is comes under the C.P Act or not.

3.     After service of notice to the OP, OP appeared through counsel and filed their version and taken a contention that, the OP already filed a suit before the Civil Judge (Jr.Dn) at Davanagere in O.S.No.669/2012 and the Hon’ble Civil Judge passed an order directing both the parties to approach the Arbitrator for redressal.  The Advocate for the OP argued that, this Forum has no jurisdiction to entertain this complaint and complainant is not a Consumer under the C.P Act. 

4.     Complainant has examined as PW-1 by filing affidavit evidence and relied on the documents like Ex.A-1 to A-17.  Sri. Hanumanthappa. G.R, the authorized signatory of the OP examined and relied on Ex.B-1 to B-22 documents.    

5.     Arguments heard. 

6.     Now the points that arise for our consideration for decision of above complaint are that;

(1)  Whether the complainant proves that the prayer sought in his complainant is maintainable before this Forum or not?

(2) What order?

 

7.     Our findings on the above points are as follows:-

                Point No.1:- In negative.

                Point No.2:- As per final order.

 

REASONS

8.     Point No.1:- The complainant has filed this complaint against the OP seeking for mandatory and for permanent injunction.  According to the complainant, he obtained a loan from the OP for the purpose of purchase of vehicle bearing Reg. No.KA-17 A-6201 for a sum of Rs.10,80,000/-.  After purchase, the complainant has paid nearly Rs.8,08,500/- to the OP.  After that, the complainant failed to pay the remaining loan amount to the OP.  The OP has seized the vehicle and sold the same as per the terms and conditions of the agreement.  After selling the same, the complainant has filed this complaint seeking relief and to pass an order against the OP for mandatory injunction to release the seized vehicle and for permanent injunction and not to interfere with the complainant vehicle.  But, the prayer sought by the complainant is not comes under the C.P Act.  After filing of this complaint, the OP has filed their version and taken a contention that, the complainant has obtained a loan from the OP and failed to pay the installment regularly to the OP.  Finally, the OP has seized the vehicle and sold the same.  In the meanwhile, the complainant has filed a suit before Hon’ble Civil Judge (Jr.Dn), Davanagere in O.S.No.669/2012, the Hon’ble Civil Judge passed an order directing both the parties to appear before the Arbitrator for redressal.  Here the main point to be considered by this Forum is whether the prayer sought by the complainant is comes under the C.P. Act and this Forum has got jurisdiction to entertain this complaint.  OP has relied on a decision reported in 2013 (1) CPR 151 (NC) regarding loan matter stating that, the Consumer Forum has no jurisdiction to decide the matter and other so many decisions cited that, this Forum has no jurisdiction to entertain this complaint regarding prayer sought by the complainant.    

9.     We have gone through the entire pleadings, documents and affidavits filed by the complainant and OP.  The prayer sought by the complainant is not comes within the meaning of Consumer.  The OP has already filed a suit against the complainant for recovery proceedings.  The Hon’ble Civil Judge directed both the parties to approach the Arbitrator for redressal.  After the order passed by the Hon’ble Civil Judge, the complainant has filed this complaint before this Forum and sought prayer to issue mandatory injunction against the OP to release the seized vehicle and for permanent injunction not to interfere with the possession of the vehicle.  Therefore, this Forum has comes to the conclusion that, this Forum has no jurisdiction to decide the prayer sought by the complainant.   Accordingly, this Point No.1 is held as negative to the complainant.

 

 

          10.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

The complaint filed by the complainant U/s 12 of CP Act 1986 is hereby dismissed. No order as to costs.

 

            (This order is made with the consent of Member after the correction of the draft on 03/02/2018 and it is pronounced in the open Court after our signatures)

           

                                     

 MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OP:

DW-1:- Sri. Hanumanthappa G.R by way of affidavit evidence.

Documents marked on behalf of Complainant:

01	Ex-A-1:-	RC
02	Ex.A-2:-	FC
03	Ex.A-3:-	Certified copy of order sheet in CC 2278/15
04	Ex.A-4:-	Tax paid receipts
05	Ex.A-5:-	Permit copy
06	Ex.A-6:-	Insurance policy
07	Ex.A-7:-	B-register extract
08	Ex.A-8:-	Loan repaid receipts
09	Ex.A-9:-	Statement of account
10	Ex.A-10:-	Certified copy of order sheet in O.S.No.666/12
11	Ex.A-11:-	Seizer letter
12	Ex.A-12:-	Legal Notice dated 19.01.2015
13	Ex.A-13:-	Repair Bill
14	Ex.A-14:-	Photos
15	Ex.A-15:-	FC renewal notice
06	Ex.A-16:-	Letter of RTO dated 06.01.2016
07	Ex.A-17:-	Treatment records

 

Documents marked on behalf of OP:

01	Ex-B-1:-	Loan hypothecation agreement
02	Ex.B-2:-	Letter to Shriram Automall India
03	Ex.B-3:-	Inventory copy
04	Ex.B-4:-	Copy of Gate pass
05	Ex.B-5:-	Copy of letter dated 29.03.2017
06	Ex.B-6:-	Auction details
07	Ex.B-7:-	Copy of Buyers undertaking
08	Ex.B-8:-	ID proof of buyer
09	Ex.B-9:-	Copy of plaint in O.S.No.669/12
10	Ex.B-10:-	Copy of order sheet in O.S.No.669/12
11	Ex.B-11-	Statement of account
12	Ex.B-12:-	Copy of Arbitration notice
13	Ex.B-13:-	Copy of B-Register extract
14	Ex.B-14:-	Copy of Power of Attorney
15	Ex.B-15:-	Commercial Vehicle Loan Application
16	Ex.B-16:-	Letter dated 30.05.10 by the complainant
17	Ex.B-17:-	Statement of account
18	Ex.B-18:-	Vehicle loan application form
19	Ex.B-19:-	Valuation report
20	Ex.B-20:-	Photos
21	Ex.B-21:-	Letter dated 03.07.15 by the OP
22	Ex.B-22:-	Returned postal cover

 

 

MEMBER                                                            PRESIDENT

Rhr**