DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: BHADRAK : (ODISHA).
Consumer Complaint No. 91 of 2022.
Date of hearing : 23.05.2023.
Date of order : 05.06.2023.
Dated the 05th day of June 2023.
Biswanath Rout, S/o:-Sk. Prafulla Rout,
Vill:-Soso, Po/P.S:- Soso, Dist:-Keonjhar, Odisha . ………….. Complainant.
-:Versus:-
1. Aris Capital Pvt. Ltd., Represented by its Authorized Officer,
Regd. Office Address:- 60/C, Colootola Street,
Kolkata-700073.
2. The Branch Manager,
Bhadrak of Aris Capital Pvt. Ltd.,
At/Po/PS/Dist:- Bhadrak, Odisha.
3. Santosh Jena, Assistant Branch Manager,
Bhadrak, Aris Capital Pvt. Ltd., 60C,
Colootola Stree, Kolkata-700073,
At present:-Vill:- DagaraSahi,
Po:-Charmpa, Dist:- Bhadrak, Odisha.
.…………Opposite parties.
P R E S E N T S
1. Sri Shiba Prasad Mohanty, President,
2. Smt. Madhusmita Swain, Member.
Counsels appeared for the parties.
Counsel for the Complainant :Sri Gopinath Dash, Advocate &Associate,
Counsel for the Opp. Parties : Sri Gopabandhu Das, Advocate & Associates.
J U D G M E N T.
SRI SHIBA PRASAD MOHANTY, PRESIDENT.
In the matter of an application filed by the complainant alleging deficiency of service against the Opposite Party under Consumer Protection Act, 2019.
Facts of the case of is that, the complainant has availed a loan amounting to Rs.9,75,786/- from the O.P. No.1 through O.P. No.2 & 3 on 28.03.2019. The complainant has to repay Rs.14,25,360/- to the O.Ps for discharge of his loan liability on or before dt.15.02.2023 by 47 installments. Out of 47 installments there are 46 equal installments amounting to Rs.30,327/- each and the last installments amounting to Rs.30,318/-. Complainant in order to discharge his above loan liability by way of different mode & at different time has repaid Rs.13,93,549/- by dt.28.05.2022 out of the Rs.14,25,360/-. Accordingly, complainant has to repay only Rs.31,811/- to the O.Ps in order to repay the above stated loan & to discharge his liability. On 10.10.2022 O.P. No.3 personally met the complainant & delivered copy of order dt.27.08.2022 passed by the “Arbitral Tribunal of the sole Arbitrator Miss. Rajashree Bhowmick, Advocate, Kolkata” along with copy of “Party Ledger” up to dt.26.04.2022 with respect to the complainant’s Account No. LNV/BHD/0002 BHADHCV00003 of Aris Capital Pvt. Ltd. the company of the O.Ps & demanded Rs.4,85,117/- from the complainant as outstanding loan amount. O.Ps threatened to take possession of the schedule vehicle by applying force at any time if Rs.4,85,117/- is not paid to the O.Ps by the complainant on or before dt.25.10.2022. Complainant through his advocate perused the copies of the order dt.27.08.2022 of the above Arbitral Tribunal and the above “Party Ledger” with respect to complainant’s loan & found that the O.Ps are claiming repayment through 54 installments instead of 47 monthly installments and also added multiple bulk posting & interest amount in the copy of the “Party Ledger” with respect to the loan of complainant. Also multiple payments on behalf of the complainant, i.e. Cash Rs.10,000/- paid on 29.05.2020, Rs.9,999/- dt.07.10.2021 through Transaction ID T2110071333356025065706 relates to UTR:128019231426, Rs.5,000/- dt.22.02.2022through Transaction ID T2202221251249600791939 relates to UTR:205333960675, Rs.15,000/- dt.04.05.2022 by one friend namely Rabi style relate to UPI Ref. No. 212436291500, Rs.15,000/- dt.28.05.2022 relates to UPI Ref. No.214839030696 have been made to the O.Ps towards discharge of complainant’s loan liability but these payments have not been shown in the “Party Ledger” in respect to complainant’s loan. The complainant says that claim of the O.Ps is illegal & the complainant is not liable to pay 54 monthly installments & outstanding loan amounting to Rs.4,85,117/- as claimed by the O.Ps & the complainant is not bound by the illegal order dt.27.08.2022 of the Arbitral Tribunal of the sole Arbitrator Miss. Rajashree Bhowmick, Advocate, Kolkata & the said order has been made at the behind back of the complainant. Complainant for the first time came to know about the order on 10.10.2022. Cause of action for the case arose on 10.10.2022 the date on which O.P. No.3 personally delivered copy of above illegal order dt.27.08.2022 of the Arbitral Tribunal along with copy of the Party Ledger to the complainant & illegally demanded Rs.4,85,117/- from the complainant & threatened on behalf of the O.Ps to take possession of the schedule vehicle by applying force at any time if Rs.4,85,117/- is not paid to the O.Ps on or before dt.25.10.2022 which amounts to gross deficiency of service from the side of O.Ps. Complainant prays to direct the O.Ps as O.Ps are liable for deficiency of service & it be held that complainant is liable to pay Rs.31,811/- to the O.Ps for discharge of his loan liability. O.Ps be directed to pay Rs.10,000/- to the complainant towards mental agony & cost of the petition as compensation.
In the other hand, these OPs though appeared on 06/01/23 but failed to file written version within 28/04/23 and hence precluded by this commission on the same day to file any written version. But as per the memo filed by the complainant on 22/05/23; of which a copy has been served upon the counsel of these OPs, it is evident that these OPs have repossessed the case vehicle loaded with iron at Chandikhol on 05/05/23.
On the date of hearing on 23/05/2023, the OPs are absent. Heard from the complainant.
There is mention of Arbitration in the complaint petition. However, the complainant was not heard by the Arbitrator. Further, section 100 of the C.P. Act, 2019 says this act is not in derogation to any law. The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force. So the complainant is very much a consumer and can knock the portals of this commission.
From the payment schedule filed by the complainant, it is clear that the loan is to be repaid in 47 installments which shall determine on 15/02/2023. The complainant has to repay Rs.14,25,360/- to the O.Ps for discharge of his loan liability on or before dt.15.02.2023 by 47 installments. Out of 47 installments there are 46 equal installments amounting to Rs.30,327/- each and the last installments amounting to Rs.30,318/-. Complainant in order to discharge his above loan liability by way of different mode & at different time has repaid Rs.13,93,549/- by dt.28.05.2022 out of the Rs.14,25,360/-. Accordingly, complainant has to repay only Rs.31,811/- to the O.Ps in order to repay the above stated loan & to discharge his liability. There is no materials in the record to substantiate the claim of Rs.4,85,117/- of these O.Ps. Such claims have no legs. Further, these O.Ps deliberate show of defiance by forcibly repossessing the case vehicle in disobedience to the order of this Commission, leaves rooms to imagine about their conduct towards the innocent boorish customers.
O R D E R.
In the result, the complaint & same be is allowed. O.P.No.1 & 2 are directed to release the case vehicle OD-09-E-8819 along with the loaded iron after receiving Rs.31,811/- from the complainant within 7 days from the date of receipt of the order and to issue “No dues Certificate” in favour of the complainant within 15 days thereafter. Further, O.P.No.1 & 2 are directed to pay a cost Rs.10,000/- to the complainant on or before issuance of the “No dues Certificate”. In the event these O.P.No.1 & 2 fail to carry out the order within the time specified then the amount payable i.e. Rs.31,811/- shall be waived and the complainant shall be entitled to get “No dues Certificate” without paying it and cost shall accrue an interest of 6% till the date of actual payment. No order of cost against the O.P.No.3.
This order is pronounced in the open Court on this the 5th day of June 2023 under my hand and seal of the Commission.
