PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.- 61/2022

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member

Ashish Barla,

S/O- Late Ratha Barla,

R/O- Sakhipada, Ps-Town,

PO/Dist- Sambalpur-768001, Odisha.                                    ...………..Complainant

Versus

TVS Credit Services Limited, Sambalpur

At-Ajay Bhawan, Ainthapali, Back Side of Tata Nagar Petrol Pump

Po-Budharaja, Ps- Ainthapali,

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

Counsels:-

1. For the Complainant         :- Sri. S.S. Panda & Associates
2. For the O.P.                        :- Sri. A.K. Sahoo & Associates

Date of Filing:23.08.2022,  Date of Hearing :08.04.2024  Date of Judgement : 13.05.2024

Presented by Sri Sadananda Tripathy, Member.

1. The Brief fact of the Complainant is that the Complainant is the owner of a TVS APACHE RTR 160 Two Wheeler motorcycle which was purchased from Kishore Automobiles Private Limited, Sambalpur who is the authorised dealer of TVS Motor Company Limited and TVS Credit Services Limited, Sambalpur. The OP provided finance to the Complainant under Hire Purchase Agreement on dtd. 28.02.2021. The authorised dealer disclosed that, they have corporate tie up with the OP financer and promised to give a good service in future, believing his words the Complainant agreed to avail loan from the OP. The Complainant had paid intial Hire amount of Rs. 37,696/- and accordingly the finance was disbursed by the OP. The Complainant has paid a sum of Rs. 37,696/- as initial Hire amount and a sum of Rs. 44,532/- in 12 instalments total a sum of Rs. 82,228/- has already been paid to the OP. The Complainant was paying the instalments regularly but for the month of April 2022, May 2022 and June 2022 the Complainant could not be able to pay the instalments as he was suffering from financial crisis due to huge loss in his business. In this process there are a sum of Rs. 11,133/- for 3 nos. of instalments are unpaid on the part of the Complainant. On 15.07.2022 when the Complainant had gone to Dhankauda weekly market for marketing, some people claiming themselves to be the agent of the OP snatched the motorcycle forcibly from the Complainant illegally without assigning any reason. In spite of several requests by the Complainant, the OP did not take any steps to release the vehicle in favour of the Complainant. The OP had snatched away the motorcycle from the possession of the Complainant without serving any proper notice to the Complainant which is illegal and amount to deficiency in service and as such, the Complainant is suffering a lot both mentally and physically.
2. The Written Version of the OP is that the Complainant approached the OP for availing loan to finance a Two Wheeler and the OP sanctioned Rs. 95,900.00 to the Complainant for personal use. As per the explicit terms and conditions of the agreement the Complainant had agreed to liquidate the entire loan amount of the vehicle in total 36 monthly EMIs as per the repayment schedule. In due course of time the Complainant could not able to pay the required EMIs in time and there by became a chronic defaulter and with the result a huge outstanding amount of default of such EMIs has remain unpaid. Although sufficient opportunity has given to the Complainant, the Complainant could not regularise the loan account. As a result the OP Finance Company was constrained and compelled to take the lawful possession of the said vehicle after following the due procedure of law as per the term and conditions in the agreements and sold the same by auction at the best available prices according to the prevailing market condition.  
3. From the documents and evidences, it is found that at the time of seizure and auction sale of the vehicle, the OP has not followed the procedure and also not intimated about the auction to the Complainant The O.P has mot submitted any documentary evidence like pre-seizure notice, seizure list, auction advertisement notice nor post-auction sale notice. Accordingly, the seizure made and auction sale is illegal. Hence deficiency of service established against the OP.

                                                ORDER

The O.Ps are directed to pay the Complainant Rs. 50,000/- towards loss suffered by the Complainant for the vehicle, the OP is also directed to pay Rs. 30,000/- towards deficiency of service and mental agony as compensation. Further the OP is directed to pay Rs. 10,000/- towards cost of the petition to the Complainant within 30 days from the date of order, failing which all the amount will further carry with 9% interest per annum till realization to the complainant.

Order pronounced in the open Court today on 13^th day of May, 2024.

Free copies of this order to the parties are supplied.