DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO.27 OF 2018

Biranchi Suna,

S/O- Nakul Suna,

RO: Kudabaga,PS: Rengali,  

Dist: Jharsuguda, Odisha…………………………….…….…………Complainant.

Versus

1. Adhikari Banchhor,Financing Agent,

Cholamandalam Investment & finance Co. Ltd.,

Jharsuguda Branch,

At/PO/Dist: Jharsuguda, residing At/PO: Baghamunda

PS: Lakhanpur, Dist: Jharsuguda, Odisha.

2. Cholamandalam Investment & finance Co. Ltd.,

Branch Office, Jharsuguda,

At/PO/Dist: Jharsuguda, Odisha.…….…....…….…..…….……..Opp. Parties

Counsel for the Parties:-

For the Complainant                                Self.

For the Opp. Party                                 D.K.Patel, Adv. & Associates.

Date of Order: 31.07.2018

Present

1. Shri Sundar Lal Behera, President.

                                                                                 2. Shri Santosh Kumar Ojha, Member.

                                                                                  3. Smt. Anamika Nanda, Member(W).

Shri S. L. Behera, President: - The brief facts of the complainant’s case is that, a vehicle was financed by the O.P.No.2 in the name of complainant without his knowledge.  The O.P.No.1 is an Agent of O.P.NO.2 who has financed the vehicle in the name of complainant very cleverly and given to one Nathuram Gupta.  Further the O.P.No.1 illegally sold the vehicle to one Rohit Chand.  The said vehicle has been caught by the Lakhanpur Police  Station and forwarded to R.T.O,Jharsuguda.  Further the O.P.No.1 invented one third party namely Gouranga Chand of Keshar Jhima of district Sundargarh to sell the vehicle and received the part payment.  The O.P.No.2 has financed the vehicle and due to non-receiving of any installment amount threatening to the complainant, hence this case.

The O.Ps. appeared through their counsel after being noticed and filed written version wherein it has been submitted that the complainant is a defaulter in making payments of installments. The O.Ps. submitted that the case is not maintainable  and prayed for dismissal of the case.

Heard and perused the case record along with materials available. A vehicle Iris-Magic (four wheeler) was financed by O.P.No.2 in the name of complainant.  The complainant alleges that the O.P.No.1 being an agent of O.P.No.2 has cleverly financed the vehicle in the name of complainant without his knowledge and sold the vehicle to other parties and taken the payments from the parties which is likely to be a case of cheating.  Further the O.P.No.2 stated that an arbitral award has been passed by an arbitrator on dtd.15.10.2016 before filing of this case and execution proceeding is going on for recovery of the loan amount against the complainant. 

On the above mentioned facts and circumstances, there is no merit in the complaint case which should be filed in the proper court of law, hence the present case is hereby dismissed with no costs.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 31^st day of July’ 2018.Free copy of this order shall be supplied to the parties as per rule.  

           I Agree                          I  Agree.                                                                                      

         S.K.Ojha, Member        A.Nanda, Member(W)          S. L. Behera, President.

Dictated and corrected by me

      S. L. Behera, President.