Orissa

Sambalpur

CC/31/2021

Smt. Smita Sahoo - Complainant(s)

Versus

The Branch Manager, Shriram Transport Finance Company Ltd. - Opp.Party(s)

S.L. Behera, Advocate

30 Aug 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Case No- 31/2021

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

 

Smt. Smita  Sahoo,

W/O- Sri Manoranjan Sahoo,

R/O At-Gumadera, Po/Ps-Belpara,

At present C/O- Sri Manohar Saraf

S/O- late Jogendra Saraf, R/O- Sunaripada,

Badbazar, Po/Ps- Khetrajpur, Dist- Sambalpur (Odisha)        ...………..Complainant

                                                Versus

The Branch Manager,

Shriram Transport Finance Company        Ltd.

At-Back side of Mangla Mandir, Gumadera

Po-Belpahar, Ps-Belpahar,

Dist- Jharsuguda(Odisha), Pin-768218                                   …………...Opp.Party

 

Counsels:-

1. For the Complainant                   :-Sri. S.L.Behera
2. For the O.P.                                  :- Sri. A.K.Sahoo, Advocate & Associates

 

DATE OF HEARING :26.07.2022, DATE OF JUDGEMENT : 30.08.2022

           Presented by Dr. Ramakanta Satapathy, PRESIDENT,

1. The Complainant for her livelihood financed a vehicle TATA LPT 3438 TC under hire purchase scheme bearing No. OD-23D-3359, Chasis no, MAT 466342A2E11899 and Engine No. 1E62879360. The complainant is now residing at Sunaripada, Badbazar, Khetrajpur Dist-Sambalpur. The Complainant entered in to agreement No. JHRSUT-90529001, financed Rs 5.50lakhs and interest of Rs. 6,39,325/- was to be paid w.e.f 05.07.2019 to 05.01.2026. The Complainant has other three loans JHARSUT 912040002 BLPHRT 006190004 and BLPHRT 104290002 Due to non payment of installments, the O.P. threatened to seize her vehicle and demanded payment of Rs. 2,39,884.95 paisa. The Complainant prayed for interim relief and vide order dated 23.06.2021 the O.P. was directed not to seize the vehicle No. OR-23D-3359.
2. The O.P. in its version challenged the territorial jurisdiction of the Commission and submitted that the Change of address to Khetrajpur, Sambalpur. The Complainant defaulted payment and to circumvent his liability made false allegations. For business purpose/Commercial purpose the Complainant has purchased vehicles and it is not her sole livelihood she is performing transport business, accordingly not a consumer.
3. In the present circumstances of the case as preliminary issue the following issues are farmed:

ISSUES

1. Whether the Complainant is a consumer of the O.P.?
2. Whether the present commission has territorial jurisdiction to make trial of the case?

Issue No.1: Whether the Complainant is a consumer of the O.P.?

 

          The Complainant in her complaint admitted about the purchase of vehicles through agreement No. JHRSUT-90529001, JHARSUT 912040002 BLPHRT 006190004 and BLPHRT 104290002. From the above circumstances it is having transport business. Relating to finance C.C. No. 42/2022 has been filed before DCDRC, Jharsuguda and interim relief has been granted by Hon’ble Jharsuguda Commission, where in address of the Complainant has been shown as Gumadera Ps-Belpahar and Dist-Jharsuguda. It is supported with Aadhar No. 6711 8507 0679. Perused the complaint in C.C. No. 42/2022 of Jharsuguda Commission. Transport finances are made to run the vehicles and the Complainant is engaged in transport of coal.

          The Complainant has not come to the Commission in clean hand. Accordingly, as the Complainant is involved in commercial activities and it is not her sole livelihood, she can not be termed as a ‘Consumer’.

          Issue is answered accordingly.

Issue No.2 Whether the present commission has territorial jurisdiction to make trial of the case?

 

         The Complainant has filed her Aadhar Card having address Gumadera. In the present case the address has been shown as Sunaripada, Badbazar, Ps-Khetrajpur, Dist-Sambalpur. Shown affidavit Sl.No. 11 dated 07.06.2021 before Sri. Pratap Narayan Tiwari, Notary Jharsuguda. It proves that a false address has been given by the Complainant showing residence at Sambalpur jurisdiction.

         As the Complainant has not made complaint before Jharsuguda Commission, to take relief filed complaint at Sambalpur, submitted false affidavit.

          It is clean that the present commission has no territorial jurisdiction and accordingly issue is answered.

         From the circumstances above, the following order is made:

ORDER

        The Complaint is dismissed on contest. Parties are to bear their own cost.

        Order pronounced in open court on this 30^th day of August 2022.

        Supply free copies to the parties.