DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 10 OF 2017

Binod Jaiswal (40 Years),

S/O- Kalia Jaiswal, R/O. Sarbahal, Budapada,

PS / Dist: Jharsuguda, Odisha………………….…….…………Complainant.

Versus

1. Branch Manager,

Mahindra & Mahindra Finance Ltd.,

At: 1^st floor, Sabat Campus, Ainthapali,

N.H. 06, Sambalpur Odisha.

2. Branch Manager,

New India Assurance Co. Ltd.,

At- 1^st floor, Mishra Complex, M.B. Road,

Jharsuguda (Odisha)…………...……………….…..….……..Opp. Parties.

Counsel for the Parties:-

For the Complainant                                       Shri M. Sinha, Advocate.

For the Opp. Party No.1                                 Shri S.K. Awasthy, Adv. & Associates.

For the Opp. Party No.2                                 None.

Date of Order: 02.03.2017

Present

                                                                                     1. Shri S.L.Behera, President.

                                                                                      2. Shri S.K. Ojha, Member.

                                                                                    3. Smt. A. Nanda, Member (W).

Shri S. L. Behera, President: - The brief facts of the complainant’s case is that, the complainant availed loan  of Rs.23,50,000/- only from the O.P. and purchased one Mahindra Torro 25 6x4 vehicle bearing Regn. No.OD-23D-3537 which the complainant was liable to pay the loan amount with interest in monthly installments within year -2020 started from dtd. 20.07.2016. The complainant was paying the monthly installments regularly. The complainant has paid last installment on dt.20.10.2016  but could not paid for the months of November and December,2016 and defaulted an amount of Rs.1,00,340/- only. As per the statement of O.P. the overdue amount is Rs.1,99,680/- only as on 16.01.2017. The authorized agents of O.P. have seized the vehicle on dtd. 16.01.2017 without giving any notice or information to the complainant.  The complainant filed this case praying to release his vehicle and ready to pay 30% of the balance dues along with a separate petition praying for interim relief to release his vehicle.

The O.P.No1 appeared through his counsel after being noticed and submitted that there is no post of Branch Manager and instead Legal Manager, Financial Manager and other officers are appointed for different work.  The O.P.No1 further submitted that they are always ready to comply the order of this Hon’ble Forum which was passed on dtd.24.01.2017 bearing Misc Case No. 04 of 2017 but the complainant did not turn up to execute and sign the zimanama  nor deposited the 50% of defaulted EMIs till date as per the said order and prayed for dismissal of the case. The O.P No.2 failed to either appear or file his written version.

After filing of the case this Hon’ble Forum pleased to pass an interim order bearing Misc Case No. 04 of 2017 dtd. 24.01.2017 directing the O.P.No.1. to handover the said vehicle bearing Regn. No. OD-23D-3537 in favour of the petitioner/ complainant within 05(five) days from the date after receiving of 50% of defaulted EMIs from the complainant and rest dues amount shall be paid by the complainant in 04(four) nos. of equal monthly installments along with regular incoming EMIs. After service of the said copy of interim order the O.P.No.1 is ready to comply the same but the complainant have never deposited the said 50% of the defaulted EMIs till date as per the said order. The complainant failed to attend for hearing on several calls. The O.P.No.2 the Insurance Company who has no any connection with this case as this the matter of finance. 

Heard from the O.P.NO.1 and perused the case record along with materials available. As the complainant has failed to comply the interim order passed by this Hon’ble Forum dtd. 24.01.2017 where the O.P.NO.1 was ready to comply the same.

However the complainant could not deposited the said 50% of the defaulted EMIs till date as per the said interim order dtd. 24.01.2017 and the  O.P.No.1 was/is ready to comply the same and as per the above mentioned facts and circumstances we are in considered opinion to allow partly the complaint petition by directing the O.P.No.1 to release the said vehicle of complainant bearing Regn. No. OD-23D-3537 in favour of the complainant within 15(fifteen) days from the date of receipt of this order after receiving of 50% of defaulted EMIs from the complainant and the rest dues amount shall be paid by the complainant in 04(four) nos. of equal monthly installments along with regular incoming EMIs.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 02^th day of March’ 2017 and copy of this order shall be supplied to the parties as per rule. 

          I Agree.                             I Agree.                                                                                          

1.   Nanda, Member( W)         S.K.Ojha, Member              S. L. Behera, President                 

Dictated and corrected by me

      S. L. Behera, President.