Orissa

Sambalpur

CC/14/2021

Manas Ranjan Rout - Complainant(s)

Versus

1-Managing Director - Opp.Party(s)

A.K.Tripathy, S.Agrawal & Associates

20 Feb 2023

ORDER

PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 14/2021

 

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

 

Manas Ranjan Rout,

S/O- Aswin Kumar Rout

R/O-Qr. No. R3/C15. Jagannath Colony,

Budharaja, Ps- Ainthapali,

Dist- Sambalpur.                                                                                  ......Complainant.

Vrs.

1.       Managing Director,

          TVS CREDIT SERVICE LIMITED

          Jayalakshmi Estate, New No. 29

          8 Haddows, Chennai,600006

2.       Branch Manager

          TVS CREDIT SERVICE LIMITED,

          Back side of Tata Nagar Petrol Pump,

          Ps-Ainthapali, Dist- Sambalpur          .                                               ......O.Ps.

Counsels:-

1. For the Complainant                   :-         Sri. A.K.Tripathy, Advocate & Associates
2. For the O.P.s                                 :-         Sri. B.Singh, Advocate &Associates

 

Date of Filing:30.03.2021,Date of Hearing :09.01.2023,Date of Judgement : 20.02.2023

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant financed a vehicle Swift Vdi bearing No. OR-15S-8679 from the O.Ps entered into agreement No. OR 3051 CA 0001750 for an amount of Rs. 3,34,250/-. The 1^St EMI Started from 07.07.2017 @ Rs.8496/- and fixed for 60months. During Covid-19 situation the Complainant could not pay certain EMIs. On 13.03.2021 agents of the O.Ps snatched away the key of the vehicle, threatened to dire consequences. After seizure of vehicle the Complainant requested several times to take all the over dues and to release the vehicle but it was in vain. The O.Ps asked to pay Rs. 1,75,972/- along with rest 15 monthly EMIs which was to be paid. On 31.03.2021 this Commission made interim arrangement and directed to release the vehicle after payment of unpaid EMIs.
2. The O.Ps after appearance filed version and submitted that the Complainant had been to O.Ps with an amount of Rs. 1,50,000/- although he had to pay Rs. 1,94,408/- till September, 2021 without any charges of repossession. The O.Ps are ready to release the vehicle as per the direction of the commission after receiving the unpaid dues of the Complainant.
3. Perused the petition filed by the Complainant dated 13.09.2021 wherein the Complainant submitted that the O.Ps demanded the EMIs up to September 2021. The interim order was passed on 31.03.2021 and till 13.09.2021 the order was not complied by both the parties. When the consumer is coming to Commission for redressal it is also the duty of Complainant to follow the direction within two days depositing the unpaid EMIs but in the present case till 13.09.2021 it was not complied by the Complainant. Non release of vehicle by the O.Ps is due to latches of the Complainant. Accordingly, there is no any violation from the side of O.Ps.

Accordingly, it is ordered:

6698606.  

The complaint is dismissed on contest against the O.Ps. The Complainant is not entitled for any relief as claimed for. No Cost.

Order pronounced in open court on this 20^th February of 2023.

Supply free copies to the parties.