Orissa

Jagatsinghapur

CC/153/2019

Prasanta Kumar Swain - Complainant(s)

Versus

The Manager L&T Finance - Opp.Party(s)

Mr.S.K.Mishra

08 Aug 2022

ORDER

                                                                                          JUDGMENT

 

            Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 seeking the following reliefs:

            “Direct the opposite parties to supply the copy of loan agreement and account statement to the complainant and adjust the payment of the installment and issue the registration certificate and insurance policy and also pay a sum of Rs.10,00,000/- towards financial loss, mental agony and cost of litigation”.

            The brief fact of the complainant case is that complainant is a cultivator and in order to meet his livelihood he desired to purchase a Tractor for agriculture purpose. One Akshya Kumar Sabat who was engaged by the O.P. No.1 motivated the complainant to purchase a Swaraj Tractor and he will arrange all finance through the opposite party No.1 & 2 and believing the words of the agent the complainant deposited Rs.1,000/- as advance and margin money of Rs.1,30,000/- before the authorize dealer of Swaraj Tractor, Pandri on dt.29.9.2017 by exchange of his Mahindra Tractor bearing No.OR-05-N-5557 through financial assistance of the opposite party No.1 & 2 by executing agreement on dt.27.3.2019 and the loan was sanctioned in favour of the complainant amounting to Rs.5,03,583/-. As per agreement it is agreed between the parties that the complainant will pay the loan on quarterly installment basis of 20 installments and accordingly the complainant has paid sum of Rs.2,53,000/- through collection agent who issued some receipts to the complainant but did not issue the entire receipts. The complainant put forth his grievance before the opposite party No.1 who disclosed that the collection agent left the service and the opposite party is unable to do anything. The complainant requested the opposite party No.1 for supply the registration certificate and insurance of the tractor at the time of delivery of the tractor but the opposite party No.1 has only supplied the key of the tractor. The opposite parties collected the registration fees and insurance fees from the complainant but failed to supply the registration certificate and insurance bond, hence the complainant suffer mental agony and unable to ply the tractor by engaging the driver and suffer great financial loss.

            The vehicle was purchased on 29.9.2017 and his allegation raised on 02.11.2019 by issuing pleader notice i.e. more than two years after taking the vehicle. During that period also complainant has paid some amount and defaulted several times. The opposite parties have filed their written version stating as under;

            None of the opposite parties have got any branch office within the jurisdiction of this Hon’ble Forum and no transaction has been made between the parties within the jurisdiction of this Hon’ble Forum. The O.P. No.3 is not known to the answering opposite parties and is/was no way connected with the answering opposite parties. So no cause of action arose within the jurisdiction of this Hon’ble Forum. Due to regular default the entire loan amount has been recalled and the same has been intimated to the complainant. As per the statement of account in respect of the loan account the complainant has failed to pay Rs.2,37,701/- as on 31.01.2020. The opposite parties have exclusive charge over the asset till realization of the contract value and by virtue of express condition of the contract the opposite parties have every right to take possession and sale the asset for securing its interest over the same.

            The opposite party No.3 is a private person who has alleged to have work as agent of opposite party No.1 & 2. The office of opposite party no.1 is in Cuttack and opposite party No.2 is in Kolkata as such this Commission lacks jurisdiction to adjudicate this case. Accordingly the consumer complaint is dismissed due to lack of territorial jurisdiction under Consumer Protection Act, 1986 (old Act). No cost.

 

            Pronounced in the open Commission on this 8^th August, 2022.