Orissa

Jagatsinghapur

CC/66/2019

Bapinath Saha - Complainant(s)

Versus

STFC Ltd - Opp.Party(s)

Mr.P.Pradhan

11 Nov 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION JAGATSINGHPUR
JAGATSINGHPUR
 
Complaint Case No. CC/66/2019
( Date of Filing : 25 Apr 2019 )
 
1. Bapinath Saha
At-IFFCO Chhak po-Atherbanki ps-Paradeep lock
Jagatsinghpur
...........Complainant(s)
Versus
1. STFC Ltd
101-105, 1st floor B-Wings shiv chamber sector 11 CBD Belapur Navi Mumbai 400614
2. STFC LTD
2nd Floor Near rajarani petrol pump Kalpana square BBSR.
3. B.M , STFC Ltd
At-Plot No-5 2nd floor Biswal building mahinadi vihar po-Chauliaganj
Cuttack
4. B.M , STFC Ltd
At-New Trade center-1 2nd Floor unit-7 Bank street po/ps-Paradeep
Jagatsinghpur
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. PRAVAT KUMAR PADHI PRESIDENT
 HON'BLE MRS. MADHUSMITA SWAIN MEMBER
 
PRESENT:Mr.P.Pradhan, Advocate for the Complainant 1
 Ex-Parte, Advocate for the Opp. Party 1
Dated : 11 Nov 2022
Final Order / Judgement

                                                                                JUDGMENT

 

            Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 seeking following reliefs;

            “Direct the opposite parties not to repossess the vehicle bearing No.OR-02-BU-7092 and to supply a copy of the loan agreement and current account statement and to reschedule the loan amount excluding overdue charges by fixing a lesser amount after calculating the same in the agreed rate of interest and to exonerate the complainant from any other unnecessary charges and to pay the compensation of Rs.1,50,000/-”.

            The brief fact of the case is that the complainant decided to purchase a truck to earn his livelyhood to maintain his family out of the income by plying the said vehicle and take over the vehicle loan and signed an agreement with the opposite parties vide loan-cum-hypothecation agreement. The complainant used to ply the vehicle and used to repay the loan installments in regular intervals to the opposite parties in time. The vehicle could not able to run due to prolonged illness and some other problems could not able to pay the installments in time and the same was intimated to the opposites. On 19.4.2019 the opposite parties without serving any notice regarding the outstanding with proper calculation and adjustment reached near the workshop where the vehicle was parked to repossess the vehicle where it has been parked for some mechanical trouble but failed to do so as the vehicle could not be moved and now threatening the complainant to repossess her vehicle at any time without help of break down service without any settlement.

            Notice was issued to opposite parties by Regd. Post on 06.6.2019 that they did not respond and the opposite parties are set ex-parte on 17.5.2022.

            Both parties are absent since 2 ½ years. We have gone through the record and perused the statement, from which it is revealed that the complainant is paying his installment since May, 2016. Already four and half years has passed and simple grievance of the complainant not to repossess the vehicle was allowed vide order dtd.01.5.2019. We are not aware the present status regarding pending dues. We therefore dispose the consumer complaint with a direction to supply copy of loan agreement and current account statement to the complainant and not to repossess the vehicle provided the complainant pays the regular installment having not more than default of three EMIs. With the aforesaid observation and direction the consumer complaint is disposed of without any cost.     

 
 
[HON'BLE MR. PRAVAT KUMAR PADHI]
PRESIDENT
 
 
[HON'BLE MRS. MADHUSMITA SWAIN]
MEMBER
 

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