Orissa

Cuttak

CC/15/2015

Prasanta Kumar Sahoo - Complainant(s)

Versus

The Area Manager,Hinduja Leyland Finance Ltd - Opp.Party(s)

B K Das

24 May 2019

ORDER

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

C.C No.15/2015

Sri Prasanta Kumar Sahoo,

At/Khuntal, PO:Rahama,P.S:Tirtol,

Dist:Jagatsinghpur.                                                                    .… Complainant.

 

Vrs.

1.         The Area Manager,

Hinduja Leyland Finance Ltd.,

3^rd Floor,BJB Nagar,Lewis Road,

Bhubaneswar.

 

2.         The Branch Manager,

Hiunduja Leyland Finance Ltd.,

Arunodaya Market,Near Sarojini Hospital,

Manisha Plaza,3^rd Floor,

P.O:Arunodaya Market,Cuttack-753012.… Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,President.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:    13.02.2015

Date of Order:  24.05.2019

 

For the complainant  :    Sri B.K.Das,Adv. & Associates.

For the O.Ps.                :   Sri A.K.Samal,Adv. & Associates.

 

Smt. Sarmistha Nath,Member(W).

 

                The complainant has filed this complaint before this Forum against the O.Ps for Redressal of his grievances under the Consumer Protection Act,1986(Act in short) in terms of his prayer made in the complaint petition alleging deficiency in service on the part of O.Ps.

1. The case of the complainant in brief is that the complainant purchased a small passenger service vehicle to ply it on commercial basis.  The agent of O.P. gave an impression to the complainant that loan can be availed from O.Ps conveniently.  Being guided by the agent of the O.Ps, the complainant approached the O.P No.1 who sanctioned a loan of Rs.5,04,000/- on the condition to clear up the total amount of Rs.6,85,000/- in installments by 7.9.2015.  The complainant paid back Rs.6,06,000/- up to October,2014 but he could not pay the installments from the month of November,2014 as the O.P No.1 did not hand over the insurance certificate and the last insurance expired on 5.11.2014.

The O.P No.1 has taken Rs.18,000/- from the complainant in advance to insure the vehicle of the complainant but the insurance papers were not handed over to the complainant, as a result he could not ply his vehicle and consequently could not earn to pay the installment from 6.11.2014.The complainant personally approached the O.P No.1 several times to get the insurance certificate.But the O.Ps threatened to seize the vehicle unless he paid Rs.34,000/-.The complainant issued a cheque without date to the agent of the O.P No.1 on 31.12.14 with a condition to encash it only when he himself mentions the date on the cueque.

The complainant even though issued a cheque for Rs.34,000/- duringDecember,2014 funds could not be deposited in the bank as the petitioner could not ply the vehicle.On 4.2.2018 the complainant issued a notice through his counsel to the O.P to provide the complainant insurance certificate to the complainant and allow him to repay the outstanding amount in installments vide Annexure-1.After receiving the notice, the O.Ps have engaged hired musclemen to seize the vehicle.

The complainant has prayed to direct the O.Ps not to seize the vehicle No.OR-05-AS-6495 and to provide the insurance certificate immediately to the complainant and not to charge the O.D with effect from November,2014 till the insurance certificate is provided, recast the balance installments amicably settled between both the parties and to pay Rs.5000/- towards the cost of this case.

2. O.Ps 1 & 2 entered appearance through their advocate and filed joint written version raising the question of maintainability as the entire allegations leveled by the complainant against the O.Ps are based on contractual obligation.  Hence the Civil Court is the proper Forum to adjudicate the matter and the complainant is not coming under the definition of consumer as well as the complainant has availed the loan from the office of O.P No.1 at Bhubaneswar and he belongs to Jagatsinghpur district which is not within the territorial jurisdiction of this Forum.

O.Ps have controverted the plea of the complainant that they have no agent and the complainant approached in person to grant him financial assistance to purchase a Bolero to use it on commercial basis.The agreement value is Rs.6,85,440/- and the contract expiry date is 7.9.2015 with 46 number ofE.M.Is amounting to Rs.17,101/-.The O.Ps have further stated that the complainant is under obligation to get the vehicle insured and to supply the insurance certificate to the O.P No.1.If the complainant is unable to insure the vehicle and expresses his inability to insure the vehicle, the O.P company in that event being the financier of the vehicle to safeguard the interest, did the insurance for the year 2012-2013,2013-2014 but there was no communication from the complainant to do the insurance of the vehicle for the year 2014-2015 and the O.Ps have not received Rs.18,000/- from the complainant for making insurance.The O.Ps have not employed any agent who is authorized to receive any cheque from the complainant.The further plea of the O.Ps is that as per the terms and conditions of contract/agreement executed between the parties, if the complainant fails to pay the E.M.I, the O.P Company has got every right to seize the vehicle.Eighteen numbers of cheques were bounced and the term of contract has already expired on 7.9.15 and the complainant has to clear all the outstanding dues, otherwise the O.Ps will act in accordance with the terms and conditions of the agreement.

3.We have heard from the learned counsels of both the parties and gone through the documents and papers carefully.Admittedly the complainant has availed loan from the O.P No.1 which is not coming within the territorial jurisdiction of this Forum.The complainant has failed to prove any transaction with O.P No.2.So the complaint is not maintainable before this Forum on the ground of jurisdiction.

                                                                                ORDER

Case is dismissed on contest against the O.Ps as not maintainable.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 24^th   day of May,2019  under the seal and signature of this Forum.

 

  ( Smt. Sarmistha Nath )

                      Member (W)                                                                                                                                                                                                                                                                                                                                      (Sri D.C.Barik)

                                                                                                              President.