Orissa

Jajapur

CC/88/2018

Nirmala Chandra Mekap. - Complainant(s)

Versus

Tata Motors Finance Limited. - Opp.Party(s)

Debendra Ku.Nath

27 Oct 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION : JAJPUR : ODISHA.

Consumer Complaint No. 88 / 2018.

Date of filing Complaint   :-     14.12.2018

Date of hearing               :-        12.05.2023

Date of Order                  :        27.10.2023.                       

Dated the  27th day of  October’ 2023.

1. Nirmala Chandra Mekep,S/O Late  Muralidhar Mekap
2. Hrushikesh Mekap, S/O Nirmala ch.Mekap

       Vill/Po-Similia, Via-Debidwar,

        P.s-Jajpur Sadar,

                                              (Versus)

1. Tata Motors  Finance Ltd.,

Registered Office At-10^th Floor, 106 A & B, Chakers Chamber-III,

Po-Nariman Point, Mumbai, Pin-400021, Maharastra.

2. Tata Motors  Finance Ltd.,

At-Keshari Commercial Complex, 1^st Floor, 98, Kharavela Nagar,

Unit-3, Po/Ps-Kharavela Nagar, Bhubaneswar, Dist.-Khurda.

3. Tata Motors  Finance Ltd.,

At-Dev Kunj, 2^nd Floor, Bank Street, Main Road,

Po/Ps-Jajpur Road, Dist.-Jajpur, Pin-755019, Odisha.                                              ……………O.Ps.

 

P R E S E N T S.

                        1.    Smt.Susmita Mishra,President.

                        2.    Sri Bibekananda Das,       Member

               Counsels appeared for the parties.                           

For the Complainant                        Sri  D.K.Nath, Advocate. 

For the Opp. Parties :                       M/S  P.K. Ray, Advocate & associates.

 

J U D G M E N T.

PRESENTED BY MRS SUSMITA MISHRA, PRESIDENT  :

            This   consumer complaint has been filed  by the complainant no.1  namely  Nirmal Chandra Mekap and the complainant no.2 namely Hrusikesh Mekap  Under Section 12 of the C.P.Act,1986 ( Now, U/sec.35 of the C.P.Act, 2019 ) against the above-named O.ps ( Tata Motors Finance Ltd) alleging deficiency in service and unfair trade practice on the part of the O.Ps.

Brief Facts of the Case :

        The brief facts  of the  case is  that the complainant No.1 is a Marginal Farmer had purchased the hypothecated vehicle by availing financial assistance from the O.ps for their own use and self-employment . That  the complainant No.1 is an unemployed youth to maintain himself and his family  so he had purchased a vehicle Model No:  : “ TATA ACE FL HT “ vide Regd No.OD-05-W-4813. He had purchased the above said vehicle from M/S Trupti Automotives and the cost of the vehicle is of Rs.4,20,537/- . The complainant has availed a loan amounting  of Rs.3,78,000/- from O.P.no.3 ( Tata Motors Fin.Crop) for which he had paid Rs.42,537/- as down payment  vide Loan-cum-Hypothecation Agreement “ No.5002140052/ dated 29.10.2016. The complainant No.2 is the son of the complainant No.1  as well as a co-borrower/ co-applicant for the above said loan from O.Ps. The total agreement value including  interest to be repaid by the complainants was Rs.5,75,434/-. The complainant has to pay loan amount in total 47 installments fixed @ Rs.12,234/- per each month. The complainant had paid monthly installment to the O.ps regularly through  S.B A/C bearing A/C No.15710110057629 ( UCO Bank A/C, Abdalpur Branch , Jajpur)of  complainant No.2 . It is stated by the complainant  that the O.Ps  demanded to pay a sum ofRs.37,028/- as defaulted EMI over dues. After  receipt of monthly  EMIs , the O.Ps were not provided any receipt to the complainant , not supplied any repayment schedule and the statement Account of the loan till the date of filing of this complaint. On 07.12.2018 the O.Ps were threatened the complainants to forcibly repossessed  the hypothecated vehicle from the custody of the complainant which amounts to unfair trade practice on the part of the O.Ps. Hence, the complaint petition filed by the complainants along with an Interim Application on 14.12.2018.

                 After receipt of notice the O.ps were filed their written version jointly through their learned counsel along with documents.

                 On the other hand, the case of the O.Ps ( Tata Motor Fin.Ltd) in their written version  is that the complainant had entered into a “ Loan Agreement/ Contract vide No.5002140052/ dated 29.10.2016 and availed a financial assistance of Rs.3,78,000/- for the above- said vehicle. The first EMI of Rs.12,256/- and the 2^nd EMI  to 47^th EMI to be paid of Rs.12,243/-. Total EMI fixed at 47 installments. The O.ps are categorically stating that the complainant is a chronic defaulter and not paying the monthly EMIs regularly. The O.ps issued a recalled letter to the complainant vide letter dated 10.12.2018 to pay Rs.2,65,825/-  as outstanding dues. There is no deficiency in service or unfair trade practice. Hence, the allegations which are not specifically admitted are denied by these O.ps and  prayed for this complaint be dismissed with cost.

                 Since it is a year old case, we are disposing it on priority basis as per the mandate provision of the C.P.Act,2019.

                 Heard the  petition.

                 We have perused the pleadings, written version of the O.Ps and documents available on record along with order passed as Interim relief vide order dated 10.04.2014 by this Commission.

                 On merits, we see the only question relates to whether the aforesaid outstanding EMIs was duly paid by the complainant to  the O.ps or not ?

                 Perusal of the record, after an Interim order passed by this Commission on dated 10.04.2019, there is nothing on record to show that the outstanding EMIs dues paid by the complainant to the O.ps as per the direction of this Commission. In this regards, neither the complainants nor the O.Ps  were produce any scrap of papers before this Commission during the pendency of this case. More over, in this situations, the O.ps were also not adduce any evidence in affidavit  to substantiate their case. It is also seen from the order sheet on 12.05.2023 the O.Ps were filed hazira but on repeated calls for hearing nobody turned up from both the parties to proceed with the case, How we will be  know the present status of the outstanding EMIs of the loan without any cogent evidence.

                 As per the documents  available on record, it reveals that the complainant had paid  only seven (7) installment to the O.Ps. It is also seen that due to chronic  defaulter the complainant had received recalled Loan Notice by the O.Ps vide letter dated 10.12.2018 before initiation of appropriate action to recovery  of legitimate dues as per the agreement.

                 Based on the foregoing discussions, in our considered view , the complainant is a chronic defaulter in the hire purchase agreement and there was no deficiency in service or unfair trade practice on the part of the O.ps. Hence the complainants failed to prove any deficiency in service against the O.ps, as a result the complainants are not  entitled to get any relief. Hence the order.

O R D E R

            However, to meet the ends of justice as well as without prejudice to the interest  of both the parties we direct the  complainant to deposit 50% EMI outstanding till  today, if any, against the alleged vehicle bearing No.OD-05-W-4813, within  45 days  from the date of receipt of this order. The complainant is also directed to pay the current monthly EMI, if any , failing which O.Ps can take appropriate action as per procedure of  law. The O.ps are also directed not to  take any coercive action against the above vehicle in case the complainant deposited 50% of the outstanding amount  within the stipulated period as stated above. With the aforesaid direction, the consumer complaint is partly allowed.

Accordingly, the present consumer complaint No.88/2018 is disposed of without cost.  Pending Interim Application, if any ,also stands disposed of.

            Issue extract of the order to the parties concerned .

            Order pronounced in the Open Commission on this the 27th   day of October’ 2023.