BEFORE THE PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR
C.C NO-61/2014
Present-Sri Dipak Kumar Mahapatra, President, Smt. Smita Tripathy, Member (W).
Narendra Agrawala,aged about 46 years,
S/O-Mathura Prasad Agrawala,
R/O-Manamunda,P.S-Manamunda,
Dist- Sambalpur. …..Complainant
Vrs.
- The Branch Head,
Mahindra & Mahindra Finance Services,
- C.E.O, Mahindra Finance,
-
570, P.B Marg,Worli,Mumbai-4000018.…….O.Ps.
Counsels:-
- For the Complainant:- Sri H.C Dani, Advocate & Associates.
- For the O.P-1 & 2 :- Sri A.K.Sahu, Advocate & Associates.
DATE OF HEARING : 08.03.2021, DATE OF ORDER : 12.04.2021
SRI DIPAK KUMAR MAHAPATRA,PRESIDENT:-Brief facts of the case is that the Complainant has availed a Mahindra Max vehicle bearing registration no- OR 15 H 5058 vide agreement no- B76646 from the O.Ps. The O.P-1 has collected 10 post dated cheque from the Complainant intended to be used in case of default of payment of the Complainant. The Complainant has cleared all the instalments and obtained receipt from the O.P-1. But now the O.P-1 is not returning the second key of the vehicle and the unused post date cheques to the Complainant even after several requests has been made. The O.P-1 is saying that the cheques are with the O.P-2 in the Head Office hence he is unable to return the same. For the above reason the complainant is suffering unnecessary mental pain for which the Complainant filed this petition praying for certain relief.
The O.Ps are agreed to the Complainant that he has paid all the dues but denied to have kept the second key of the vehicle as it was not a part of their agreement to keep the second key from the borrower. After the payment of the loan the O.Ps has issued No Due Certificate to the Complainant on dtd.30.05.2009 but the Complainant did not show any initiative to receive the Post Date Cheques. All the cheques were defaced as “CANCELLED” and marked them for destruction. Hence the O.Ps has not committed any deficiency in service.
POINTS OF DETERMINATION:-
- Whether the Complainant is comes under the purview of Consumer Protection Act-2019?
- Whether the O.Ps has committed any Deficiency in Service to the Complainant?
From the above discussion and materials available on records we inferred that the Complainant comes under the purview of Consumers as he has purchased a new Mahindra Maxx vehicle through finance by the O.Ps after payment of consideration/down payment. It is seen that the Complainant has cleared the dues and availed NO DUE CERTIFICATE from the O.Ps/Financier. But the cheques presented to the O.Ps at the time of finance of the said vehicle are stated to be defaced as CANCELLED and marked them for destruction. Again as per the O.Ps there is no provision for keeping the second key of the vehicle with them hence they are denied to have the key. Basing on the above discussion we order as under:-
ORDER
The Complainant petition is allowed in part. The O.Ps are jointly and severally directed to issue a statement in shape of affidavit that “they have destroyed the Post Dated Cheques received from the Complainant at the time of financing the said vehicle and those does not exist with them presently”. It is for the future references of the Complainant. The orders are to be carried within 15 days from receiving the certified copy of this order failing which the O.Ps are directed to proceed as per law.
Order pronounced in the open Court today i.e, on 12th day of April 2021 under my hand and seal of this Commission.
Office is directed to supply copies of the Order to the parties free of costs receiving acknowledgement of the delivery thereof.
I agree,
-Sd/- -Sd/-
MEMBER(W) PRESIDENT
Dictated and Corrected
by me.
-Sd/-
PRESIDENT.
