Orissa

StateCommission

CDA/788/2003

M/s. Magma Leasing Ltd., - Complainant(s)

Versus

Simita Singh - Opp.Party(s)

M/s. R.K. Pattnaik & Associates.

17 Jun 2020

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
First Appeal No. CDA/788/2003
( Date of Filing : 14 May 2003 )
(Arisen out of Order Dated in Case No. of District )
 
1. M/s. Magma Leasing Ltd.,
Magma House, 24 Park Street, Kolkata-700016, represented through its M.D.,
2. The Branch Manager, Magma Leasing Ltd.,
16-169-A, Bapujinagar, Bhubaneswar-751009.
3. Ashok Pattnaik
Marketing Executive, Utkal Automobiles Ltd., Keonjhar.
Keonjhar.
...........Appellant(s)
Versus
1. Simita Singh
S/o- Barinder Singh, At/Po- Barbil. Dist- Keonjhar.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
  Dr. Smarita Mohanty MEMBER
 
For the Appellant:M/s. R.K. Pattnaik & Associates., Advocate
For the Respondent:
Dated : 17 Jun 2020
Final Order / Judgement

Learned counsel for the appellants is present.

2.      Respondent is absent. Notice against her is made sufficient.

3.      Heard learned counsel for the appellants.

4.      Since it is a matter of 2003 and the DFR is available, we are inclined to take up the matter and dispose of the same.

5.      Learned counsel for the appellants submitted that the complainant had requested the appellants Company to finance for purchasing a car. When she submitted documents, it is found that a criminal case is filed against the guarantor for which appellant refused to extend loan. Thereafter, the complainant moved other Finance Company and got the loan sanctioned to purchase the car. On the other hand, the complainant filed the complaint stating that due to non-sanction of loan although assured to give, the complainant has suffered from mental agony and physical harassment and as such she should be paid compensation.

6.      Learned counsel for the appellants further submitted that the learned District Forum without appreciating the fact and law has passed illegal order by directing the appellants to pay compensation of Rs.20,000/-. As such, the finding of the learned District Forum granting such compensation is without any basis on any evidence.

7.      Perused the impugned order. Considered the submissions of the learned counsel for the appellants.

8.      It appears from the materials on record that the complainant had applied before the appellants Company to extend finance for purchase of a vehicle. While the proposal is pending, she without waiting for any sanction order went to SREI Finance and purchased the car. When the matter is pending before the financer for consideration, we do not find any reason to observe that the appellants Company have got any deficiency in service. It is for the financer to satisfy about the correctness of the application to extend the loan. Nobody can compel the finance company for any illegal reason to extend finance. Learned District Forum also while disposing the matter did not give any reason or any observation that OPs have committed deficiency in service so as to put the complainant in mental and physical harassment. Therefore, we do not agree with the view of the learned District Forum. As such, the impugned order is liable to be set aside. We do so.

The appeal is allowed. Free copy of this order be supplied to both the parties.

DFR be sent back forthwith.

 
 
[HON'BLE MR. JUSTICE Dr. D.P. Choudhury]
PRESIDENT
 
 
[ Dr. Smarita Mohanty]
MEMBER
 

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