Orissa

Sambalpur

CC/50/2021

Prafulla Kumar Panda - Complainant(s)

Versus

The Manager, Sundaram Financed Limited - Opp.Party(s)

P.K.Kar

25 Apr 2023

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

CONSUMER COMPLAINT NO.- 50/2021

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member

 

Prafulla Kumar Panda,

S/o- Parshuram Panda

R/o- Sankhla, PO-Sahaspur, Ps-Dhama

Dist-Sambalpur, Odisha                                                ...………..Complainant

                                                Versus

The Manager, Sundaram Financed Limited,

Near WESCO Office, Ainthapali,

Po-Budharaja, Ps-Ainthapali,

Dist-Sambalpur,Odisha-768004                                             …………...Opp.Party

 

Counsels:-

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

 

Date of Filing:28.09.2021,  Date of Hearing :20.03.2023  Date of Judgement : 25.04.2023

Presented by Dr. Ramakanta Satapathy, President.

 

1. The Complainant filed the complaint before this Commission alleging the O.P. to disclose the name of person who paid Rs. 2,30,000 on 25.03.2021 and Rs. 26,000/- on 31.03.2021 after illegal sale of Kubota combine Harvester bearing chasis No. V2403-M-DI-CS3T, model No. DC-68G-HK purchased from M/S Koshal Agro Solutions. The case of the Complainant is that he purchased the harvester for Rs. 24,14,000/- with finance amount of Rs. 19,04,000/- from O.P. One Prasad Rao sold the harvester without knowledge of Complainant, on 29.10.2020, a F.I.R. was lodged before Dhama P.S. and case is subjudiced. It is admitted that the payment of O.P. was irregular. There is nexus between O.P. and the culprit Prasad Rao. With Limited prayer this Complaint was filed.
2. The O.P. after appearance submitted that the Complainant entered into an agreement No. 43900115 dated 29.10.2018 with O.P. hypothecating the KOBOTA DG 68G COMBINE HARVESTER. Rs. 14.00 lakhs loan availed repayable in 8 number of half yearly installments from 10.01.2019 to 10.07.2022 and Rs. 19,04,000/- was repayable. G. Sinibas Rao stood as guarantor. Only 5 installments are paid in full and 6^th instalment in part. Arrear of two installments and one future installments totalling Rs. 7,07,264/- is lying outstanding against the Complainant. The Complainant is irregular in payment. Arbitration case is pending before Mr. K.S. Gowthaman. In online deposit it is not possible to know who is the depositor. The guarantor has not been made a party. There is no cause of action for the complaint and it is liable to be dismissed.
3. From the account statement it reveals that on 25.03.2021 Rs. 2,30,000/- has been paid to the O.P. to-wards loan instalment and on 31.03.2021 Rs. 26,000/-. The last instalment was due on 31.03.2021 Rs. 26,000/-. The last instalment was due on 10.07.2022. From the pleading of parties it is clear that there is irregularities in payment by the Complainant. The dispute is between the Complainant and Prasad Rao S/O Venkat Rao of Badtika. As alleged Prasad Rao sold the machine and F.I.R. No. 209/20 dated 29.10.2020 was filed before Dhama Police Station.

The O.P. admitted the receipt of Rs. 2,30,000/- and Rs. 26,000/- to-wards loan settlement and it has been reflected in account statement. In reply also the source of deposit has been reflected. As prayer of the Complainant is limited and receipt of payment is admitted by O.P. this Commission is not inclined to probe into the matter. The instalment period is over. Accordingly, continuance of this complaint is not necessary. The Complainant is at liberty to approach appropriate court/Forum for redressal. The case is closed.

Order pronounced in open court on 25^th April, 2023

Supply free copies to the parties.