Orissa

Kendujhar

CC/18/2019

Bindu sen Barik - Complainant(s)

Versus

The Manager - Opp.Party(s)

Chandan Mishra & associate

10 Sep 2019

ORDER

IN THE COURT OF THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
KENDUJHAR, ODISHA
 
Complaint Case No. CC/18/2019
( Date of Filing : 22 Aug 2019 )
 
1. Bindu sen Barik
S/O- Sahadev Barik .At-Katupali, P.O-Nayagarh,Bamu Bari,Joda
keonjhar
...........Complainant(s)
Versus
1. The Manager
SREI Equipment Finance Ltd.Singh complex At/Po/Ps-Keonjhar,
keonjhar
2. S.R.E.I Equipment Finance Ltd.
2nd/3rd Floor H.I.G.-1 B.D.A.Housing jayadev vihar,Bhubaneswar
3. The Regional Transport officer
Keonjhar,At/Po/Ps/Dist-Keonjhar
............Opp.Party(s)
 
BEFORE: 
  Mrs Bijay Laxmi Giri PRESIDING MEMBER
  Mr Bharat Bhusan Das MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 10 Sep 2019
Final Order / Judgement

The Adv for complainant filed attendance memo & prays to hear the petitions No. C.C.18 of 2019 & Misc.petition No.5 of 2019 filed earlier. That the complainant was purchased a new 3DX-2WD shift Excavator(J.C.B.Loader) bearing Engine No.H00086178 ,Chassis No.HAR3DXSSJ01877603 & Regd.No.OD 09E 1011 for means of his livelihood financed by Op No.1.  He was also filed attested Xerox copies of loan account statement on 22.8.2019 and requested to release the alleged vehicle on payment some installments. We perused the petitions along with documents filed by the Adv. for complainant. it is clearly mentioned in the contract Details statement(Annexure-2) that the total value of vehicle is Rs. 24,63,800.00/-(Rupees Twenty Four Lakh Sixty Three  thousand Eight hundred ) only.  But the complainant does not mention the actual value of the alleged vehicle in his petition. After frantic search of documents filed by the complainant on 22.8.19. It came to the knowledge of the forum that the total value of goods is more than   20 lakh on which this forum has no pecuniary jurisdiction to adjudicate this dispute. It is very transparent that the complainant has played hide & seek before this forum for his own interest. The complainant has also filed an interim petition bearing misc case No 5/19 for release the vehicle. But law is well settled. That this forum has no pecuniary jurisdiction to admit this case as the total value of vehicle is more than twenty lakh. Hence case is not admitted and same is rejected. But the complainant has mentioned in his complaint petition the value of the alleged vehicle is Rs 18,26,800 which was financed by Op.1 and compensation claimed  3,00,000, on which this forum has no pecuniary jurisdiction to entertain this case and we are in opinion that this case has no merit to adjudicate further. Complainant may file before proper forum for seeking relief. Copy be supplied if applied for.

 

 
 
[ Mrs Bijay Laxmi Giri]
PRESIDING MEMBER
 
 
[ Mr Bharat Bhusan Das]
MEMBER
 

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