As per direction of the Hon’ble SCDRC odisha cuttack vide its letter no 3078 dt 3.12.10 this case is taken up by us and the present president not participated in this case as he was holding power for the complainant earlier,prior to appointment on president of this forum.

This is a complainant for direction to Ops to reliance the vehicle of the complainant and to pay a sum of rs 1,53,000/-towards mental agony and financial loss for illegal seizure of the complainant vehicle and in alternate to pay a sum of rs 4,84,570/-with interest from the date is seizure to till payment.

The brief facts of the case is that the official of Op finance company have seized the vehicle  the complainant bearing  regd no OR-09-E-4005 by  engaging muscle man  and by means is form on dtd 25.10.06 due to non-payment is certain emis of the Ops resulting financal loss & mental agony and hance this complainant.

After service is notice Ops version stating that this came is not maintainable on therein. no cause of action to file this case against the ops and as per agreement this forum has no jurisdiction and mumbai court has only jurisdiction to entertain any dispute arise of the agreement made between the parties and the complainant has defaulted the EMI’s as per agreement these Ops have every right seized the vehicle and hence these ops are not deficient in rendering service and prayed to dismiss this case.

Perused the records and materials available on records. Admittedly the vehicle was purchased by getting financial assistance from Ops and the complainant defaulted a sum of rs 1,46,000/- from October 6 to till  may 7 of Rs 18,250/- each per month on EMI and hence the Op took the vehicle to their possession as per agreement and complainant also fails to prove the forcible possession of the vehicle and that beside it is seen that by on interim order passed by this forum on dt 23.5.07 on receipt is defaulted arrear amount op has released the alleged vehicle of the complainant forthwith and hence it cannot be said that ops are deficient in service and accordingly the case is dismissed having no merit.