Orissa

Cuttak

CC/374/2023

Mallik Jyaulla - Complainant(s)

Versus

Tata Capital Financial Service Ltd - Opp.Party(s)

29 Jul 2024

ORDER

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

C.C.No.374/2023

 

Mr. Malik Jyaulla,

S/o: Late Mallik Enayat,

                    At:Majhikhanda,P.O/P.S: Niali,

                      Dist:Cuttack.                                                         ...Complainant

 

          Vrs.

 

1.        Branch Manager,

TATA Capital Financial Services Limited,

91/A/1,Avani Signature,

                   3^rd Floor,PO/PS: Park Street,Kolkata-700016.

 

2.        Branch Manager,

TATA Capital Financial Services Limited,

Plot No.191/204/205, 3^rd Floor,

Lewis Road,Badagada(Opp. of Gouri Temple),

Bhuaneswar, Dist:Khorda-751014.                                      ….Opp. Parties

 

Present:         Sri Debasish Nayak,President.

                      Sri Sibananda Mohanty,Member.

 

Date of filing:    14.11.2023

Date of Order:  29.07.2024

 

For the complainant:          Mr. R.K.Pattnaik,Adv. & Associates.

For the O.Ps               :          Mr. R.K.Nanda,Adv. & Associates.

 

Sri Debasish Nayak,President          

          Case of the complainant as made out from the complaint petition in short is that in order to purchase one Maruti Suzuki-Ertiga car he had obtained finance from the O.Ps vide Loan Agreement number 0000007000539416 on dated 29.08.2018.  He had availed loan to the tune of Rs.5,41,889/- which he was to repay the same in 79 number of EMIs @ Rs.11,710/- which was effective from 3.10.2018 to 3.8.2023.  Subsequently, he had purchased his said car bearing Registration number OD-05N-9973 and was paying the EMIs regularly vide account statement dated 16.10.2023.  But inspite of paying the EMIs regularly the complainant was being threatened constantly by the O.Ps in order to repossess his purchased car.  According to the complainant, he had repaid more than Rs.6,75,000/- towards the instalments but the O.Ps had sent him a Fore-closure letter demanding from him a sum of Rs.2,39,697.13p as on 22.10.2023. The complainant during Covid-19 pandemic situation could not pay the EMIs regularly and became a defaulter and his car had met with an accident also.  He had requested the O.Ps to allow him time for two months in order to repay the EMIs those which he had defaulted.  Out of the total outstanding amount of Rs.7,02,600/-, the complainant had paid to the O.Ps a sum of Rs.6,75,000/- and thus he was only to pay a sum of Rs.27,600/- to the O.Ps.  The O.Ps in an arbitrary manner are demanding Rs.2,39,697.13p from him and had sent lawyer’s notice to that effect.  Having no other way out, the complainant has approached this Commission seeking compensation from the O.Ps to the tune of Rs.1,00,000/- towards his mental agony and harassment and further a sum of Rs.10,000/- towards his litigation expenses.  He has also prayed seeking direction to the O.Ps not to seize his purchased vehicle from his possession.

          Together with his complaint petition, the complainant has filed copies of several documents in order to prove his case.

2.       Both the O.Ps have contested this case and have filed their joint written version wherein they have urged that the case of the complainant is not maintainable which is liable to be dismissed with heavy cost since because the complainant has suppressed the material facts and had not approached before this Commission with clean hands.  According to them, the complainant though had availed loan from them in order to purchase a Maruti Suzuki-Ertiga car and had executed the loan agreement to that effect, he was not paying the EMIs regularly for which a sum of Rs.2,50,578.13p was due from him.  During the Covid-19 pandemic period, the complainant became a defaulter but two years thereafter the complainant was also not able to regularise EMIs for the said defaulted period.  It is for this, Fore-closure notice was sent to him demanding a sum of Rs.2,50,578.13p.  But even after repeated reminders when the complainant remained silent, the hypothecated vehicle was repossessed.  Thus, according to the O.Ps, the case of the complainant is liable to be dismissed with cost.

          The O.Ps have also filed copies of several documents in order to support their stand.

3.       Keeping in mind the averments as made in the complaint petition and the contents of the written version of the O.Ps no.1.2 & 3, this Commission thinks it proper to settle the following issues in order to arrive at a definite conclusion here in this case.

          i.          Whether the case of the complainant is maintainable?

           ii.        Whether there was any deficiency in service on the part of the O.Ps?

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

Issue no.I.

          Out of the three issues, issue no.ii  being the pertinent issue is taken up first for consideration here in this case.

          On perusal of the complaint petition, written version, written notes of submission as filed from both the sides as well as the copies of documents available in the case record, it is noticed that admittedly the complainant had availed finance from the O.Ps in order to purchase a Maruti Suzuki-Ertiga car bearing Registration number OD-05N-9973 and had thereby executed a loan agreement with the O.Ps to that effect vide number 0000007000539416 on dated 29.08.2018 and the total loan amount was of Rs.5,41,889/-.  It was agreed therein that the said loan was to be repaid in 79 number of instalments @ Rs.11,710/-which was effective from 3.10.2018 to 3.8.2023.  Admittedly, the complainant became a defaulter during the Covid-19 pandemic period but has stated to have cleared a sum of Rs.6,75,000/- out of the total loan amount of Rs.7,02,600/-.  Thus according to the complainant, he owes a sum of Rs.26,670/- only to the O.Ps.  Per contra, the O.Ps have averred that the complainant still owes a sum of Rs.2,50,578.13p which was to be repaid by the complainant but when he remained silent, Fore-closure notice was issued to him in order to get back the said amount from him and ultimately when the complainant remained silent, the hypothecated vehicle was repossessed as per law.  As per the copies of documents filed by the O.Ps alongwith their written notes of submission, it is noticed that the principal outstanding sum  against the complainant was Rs.1,57,915/- and interest thereon till the date of Fore-closure notice was of Rs.934/-.  The interest charged for late payment was of Rs.8636/- and the cheque bouncing charge was of Rs.3174/-.  Other miscellaneous charges were of Rs.14,530/-.  The pending instalments which the complainant was liable to pay in total was of Rs.69,720/-.  Thus, the complainant was liable to pay a total sum of Rs.2,54,859/-. When the complainant even after getting the Fore-closure letter had not responded positively, the O.Ps had proceeded as per law for repossessing the financed and hypothecated car.   Accordingly, this Commission finds no deficiency in their service as alleged against them by the complainant of this case.  This issue thus goes against the complainant of this case.

Issues no.i & iii.

          From the discussions as made above, the case of the complainant cannot be said to be maintainable in any manner and the complainant is also not entitled to any of the reliefs as claimed by him.  Hence it is so ordered;

 

 

 

                                              ORDER

          The case is dismissed on contest against the O.Ps no.1, 2 & 3 and exparte against O.P no.4  and as regards to the facts and circumstances of the case without any cost.

          Order pronounced in the open court on the 29^th day of July,2024 under the seal and signature of this Commission.         

 

                                                                               Sri Debasish Nayak

                                                                                       President

                     

 

                                                                          Sri Sibananda Mohanty

                                                                                             Member