IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,DHENKANAL
CONSUMER COMPLAINT NO.30/2009
Debaraj Biswal,
Son of Sadananda Biswal
Vill- Santhasara,P.O.Santqapur,Gondia P.S,Dist-Dhenkanal. … Complainant
Vrs.
M/s.Magma Fincorp Ltd.,
A/1 Nirmal Plaza,Forest Park,New Airport Square,
Bhubaneswar-9,Dist-Khurda. …Opp.Party
Rep.through its State Incharge
For the Complainant- Sri P.C.Mishra,Advocate
For the Opp.Party- None
EX-PARTE ORDER DT.8.6.2009
MRS.R.B.RAHAMAN,MEMBER
1- Brief facts of the case is that the petitioner purchased one Tata Truck from Magma Leasing Ltd. And was renamed as Magma Shrachi Finance Ltd. And at present has been renamed Magma Fincorp Ltd. The registration No.OR-05 V 5329. The loan was obtained in the month of July,2005 and repayment period started from 1..8.2005 and was to be completed in 45 installments which was fixed at Rs.27,000/- per month. Except the first and the last installment which comes to Rs.28,170.00and Rs.17,420.00. Out of 45 installment the petitioner had repaid 39 monthly installment . 3 installment could not be paid in time and this was communicated to the O.P. The ;O.P ;snatched away ;thetruck on 2.2.09 from near the house of the petitioner without any notice. The next day the petitioner requested the O.P to receive the 3 defaulting installment and release the truck. But the O.P ;claimed all the outstanding loans for which this case has been filed.
2- Interim order was passed by the Hon’ble Forum. The O.P released the vehicle after a delay of 14 days. From 2..09 to 17.2.09.
3- Notice was sent to the O.P but they did not file their show cause. Hence, l;the case was set-exparte.
4- On the date of hearing heard the learned counsel for the complainant. He prayed for compensation land other relief.
5- FINDINGS: The petitioner is a consumer. This is revealed by exbt.1 the cash receipt. Exbt.2 is the repayment schedule. The petitioner had repaid 39 monthly installment and because of unavoidable circumstances could not pay 3 monthly installment and this was communicated to the O.P. After interim order the 3 installment were repaid and the truck was released after 14 days. Seizure of the vehicle without notice amounts to unfair trade practice. Sl. No.40,41 and 42 of the installment was paid. The rest installment is due on 1.2.09,1.3.09 and 1.4.09. The vehicle was detained for a period of 14 days for which the petitioner sustained loss of income. Hence, we allow the complaint petition and direct the O.P .
ORDER
The complaint petition is allowed. We direct the O.P to pay compensation of Rs.20,000.00(Rupees twenty thousand) to the complainant for unfair trade practice and loss of income. This order is to be complied within 2 months from the date of receipt of this order.
Dictated and corrected by me on this 8th day of June,2009
I AGREE(PRESIDENT) I AGREE(MEMBER) PRESIDENT