C.C. No.375/2022

Manas Ranjan Beura,

S/o. Prahallad Beura,

Vill./P.O.- Patenigaion,

P.S.- Raghunathpur,

Dist.- Jagatsinghpur.……… Complainan

1. The Branch Manager,

L&T Financial Services,

Plot No.1360, Jhanjir Mangla,

Badmabadi, Cuttack- 753102.

2. The Regional Manager, L&T Finance,

Plot No.428/3818, 2^nd Floor,

Eastern Block, Jaidev Nagar,

Bhubaneswar- 751002.

3. The Branch Manager,

L&T Finance, Ground Floor,

At- Durga Bazar, in front of Petrol Pump,

Jagatsinghpur- 754103.

4. The General Manager,

L&T Financial Services,

Plot No.177, C.S.T. Road,

Kalina, Santacruz (East),

Mumbai- 400098.                                                 …..… Opposite parties                 

For Complainant………..Mr. D.G. Mohapatra & Associates

For Opposite Parties………..Mr. M.C. Swain, Advocate

ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                         JUDGMENT

            Complainant has filed the consumer complaint seeking direction to opposite parties to hand over/deliver possession of Activa 5G bearing Regd. No.OD-21-K-3094, Engine No.JF50EA0054063, Chassis No.ME4JF50AGKA054350 and not to sell the same and direct to opposite parties to collect the outstanding EMI in 20 installments along with current EMI.

            The brief fact of the complainant is that his father had purchased the Activa 5G in his name to distribute news paper from door to door and to maintain his livelihood but his father expired on 09.3.2021 and due to Covid-19 he could not pay the EMI from March, 2020. The opposite parties did not supply the payment details paid by complainant and repossessed the vehicle on 20.10.2022 and illegally demanded Rs.13,050/- (2,610/- X 5 EMIs) though he is ready to pay the same in 20 installments.

            The opposite parties have filed their written version stating that in order to purchase the vehicle the opposite parties have financed Rs.87,293.93 vide loan agreement No.TO8373100819073617 dt.17.8.2019. The said amount was to be repaid in 54 monthly EMI @ Rs.2,607/- from 03.10.2019 to 03.3.2024 and cited the judgment of Hon’ble Supreme Court in the case of Bharati Knitting Company -vs- DHL Worldwide Express Courier (1996) (4) SCC 704, wherein it is held that when complainant has signed the contract he is bound by the terms and condition and also relied on the decision of Hon’ble S.C. in the case of General Assurance Society Ltd. –vs- Chandmull Jain, AIR 1966 SC 1644 wherein Hon’ble Supreme Court has held that no Court can rewrite the contractual terms howsoever good and also relied on Rashpalsingh Bahia & others –vs- Surinder Kour & others, 2008 (2) Civil Court Cases 778 (P&H) wherein it is held that one who comes to Court must come with clean hands and alleges that complainant has not come with clean hand and it is stated and submitted that complainant failed to pay EMI regularly and in spite of repeated and several notices, telephonic calls the complainant did not respond for which the vehicle was seized on 30.8.2022 and send notice on 02.9.2022 but the same was not responded by petitioner and the vehicle has been auctioned on 15.9.2022.

            The complainant is a defaulter is not disputed. Both the parties are to be governed by the terms and condition of agreement/contract is the settled principle of law. Relation between complainant and opposite parties is that of Debtor and creditor and for default of payment of EMI the opposite parties have already auctioned the vehicle on 15.9.2022 which the complainant has suppressed. Thus we find no merit in the consumer complaint and both parties shall be abide by the terms and condition of agreement/contract. With the aforesaid observation and direction the consumer complaint is dismissed. No cost. 

            Pronounced in the open Commission on this 19^th July,2024.