Orissa

Cuttak

CC/6/2020

Sayed Munir Ahmed - Complainant(s)

Versus

State Head, Manappuram Finance Ltd. - Opp.Party(s)

B M Mohapatra

07 Oct 2022

ORDER

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

C.C.No.6/2020

Sayed Munir Ahmed,

S/O:Sayed Musahedur Rasul,

Of:Kanpur,PO:Kood,P.S:Raisungada,

Salipur,Dist:Cuttack.                                                        ... Complainant.

 

                                                Vrs.

1.        State Head,Manappuram Finance Ltd.,

Laxmi Sagar Chowk,Bhubaneswar,Dist:Khurda-751006.

 

2.        Branch Manager,                                                     

Manappuram Finance Ltd.,Shikharpur,

Near Jasmin Hotel,PO:College Square,

Dist:Cuttack.

 

3.       Regional Transpsort Officer,Cuttack,

At/PO:Chandinichowk,Dist:Cuttack.                                ... Opp. Parties.

 

 

Present:               Sri Debasish Nayak,President.

                                Sri Sibananda Mohanty,Member.

 

Date of filing:    13.01.2020

Date of Order:   07.10.2022

 

For the complainant:          Mr. B.M.Mohapatra,Adv. & Associates.

For the O.Ps  No.1 & 2 :                 None.

For the O.P No.3:                           Self.

 

Sri Debasish Nayak,President.             

            Case of the complainant as made out from the complaint petition in short is that the complainant had availed loan from the O.Ps no.1 & 2 for purchasing a Hero Honda Splendour Plus motorcycle bearing Regd. No.OD-05-AJ-8492 and the said motorcycle was hypothecated to the O.Ps.  The cost of the said motorcycle was Rs.51,500/- but the complainant had availed finance from O.P No.2 to the tune of Rs.58,584/- which was to be repaid in 24 number of E.M.Is  @ Rs.2441/- with effect from August,2018 till July,2020.  Due to illness the complainant had defaulted in repaying the E.M.Is for which on 31.12.19 the O.Ps no.1 & 2 with the help of their henchmen had taken away the said motorcycle of the complainant at OMP Square area.  The complainant further alleges through his complaint petition that he had visited the office of the O.Ps no.1 & 2 on several occasions and had requested them to repay the dues if time is given to him but when nothing fruitful yielded, he had to file this case claiming a sum of Rs.1,50,000/- towards his mental agony, Rs.1,10,000/- towards harassment caused to him, another sum of  Rs.10,000/- towards legal expenses and a sum of Rs.40,000/- towards investment by petitioner and Rs.50,000/- towards cost of the vehicle.

            The complainant has filed copies of documents in order to prove his case.

2.         Out of the three O.Ps as arrayed in this case, O.P No.3 who is the R.T.O,Cuttack has filed his written version wherein he has stated that the financier/O.P had repossessed the vehicle on 31.10.19 due to default in payment of the instalments but the financier had failed to comply the provisions contained in Sec-51(5) of M.V.Act 1988 and Rule-61(2) of CMV Rules 1989.  The R.T.O in his letter no.906 dt.15.2.20 has mentioned that he has no right to intervene into the business of the financier and the owner of the vehicle towards its seizure.

3.         The points for determination are as follows:

i.          Whether the case of the complainant is maintainable ?

            ii.         Whether the O.Ps no.1 & 2 are deficient in their service ?

            iii.        Whether the complainant is entitled to the reliefs as claimed ?

Point no.ii.

            Point no.ii being the pertinent one is taken up first here to be considered.  Admittedly, the complainant had obtained finance from the O.Ps no.1 & 2 in order to purchase his Hero Honda Splendor Plus motorcycle bearing Regd. No.OD-05-AJ-8492 and had signed the hypothecation agreement thereby agreeing to all its terms and conditions in order to repay the loan amount of Rs.58,584/- in 24 number of E.M.Is @ Rs.2441/-.  It is also not in dispute that the complainant became defaulter by not repaying the agreed E.M.Is in time to the O.Ps no.1 & 2.  Though the complainant has harped that the O.Ps no.1 & 2 had deviated in following the guidelines of R.B.I he has failed to file any such document/circular to that effect.  Hon’ble Apex Court has also decided in the case of Bharathi Knitting Company Vrs. DHL Waorldwide Express Courier (1996) 4 SCC 704 wherein it is held that when the complainant signs the contract documents, he is bound by it’s terms and conditions and the onus would be on him to prove the terms and the circumstances in which he had signed the contract.  Law is well settled and as per the settled principles of our Apex Court that when there is an agreement of hypothecation and the borrower defaults in repaying the instalments in time, the O.P can repossess the vehicle by observing the formalities as per law.  Thus, when the complainant himself admits here in this case to have defaulted in repaying the loan instalments, his vehicle was repossessed as per the hypothecation agreement terms and conditions and this Commission accordingly finds that there is no deficiency noticed on the part of the O.Ps no.1 & 2 here in this case in order to hold them liable.

Issues no.i & iii.

            From the aforesaid discussions, it can never be said here that the case of the complainant is maintainable and he is entitled to the reliefs as claimed by him.   Hence it is so ordered.

 

                                                            ORDER

            Case is dismissed on contest against O.P No.3 & exparte against O.Ps no.1 & 2 and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 7^th  day of   October,2022 under the seal and signature of this Commission.           

                                                                                                                                Sri Debasish Nayak

                                                                                                                                            President

                       

                                                                                                                                                              Sri Sibananda Mohanty

                                                                                                                                                  Member