MAGMA LEASING LIMITED Vs. PRASAN MOHAPATRA

JUDGEMENT

(1.) This is an appeal filed by Magma Leasing Ltd. against the order of Orissa State Consumer Disputes Redressal Commission (hereinafter referred to as the State Commission) in Consumer Complaint No. 154/2002. As seen from the records, the case of the complainant, Orissa Voluntary Association for Rural Social Development represented through its Secretary, Prasan Mohapatra, (respondent in the present proceedings) is that it had purchased a Mahendra Marshall vehicle with a loan from OP-1/ Magma Leasing Ltd. under an agreement of 2.12.1999. The total loan was to be repaid in 36 monthly installments of Rs. 10,003/-. On 26.02. 2002, when the vehicle was on its way to Bhubaneswar, it was stopped by OP 2 and OP 3 and taken away forcibly.

(2.) The FIR was lodged with the police against this possible repossession on the next day that is 27.2.2002. According to the complainant, 26 out of the total 36 installments, had been repaid by him when the vehicle was repossessed and therefore, there was allegedly, no justification for forcibly taking away the vehicle from him. The case of the opposite parties before the state commission was that the complainant had neglected paying the installments on due dates contemplated in the agreement. Therefore, the vehicle was repossessed in exercise of the right under clause 15 of the agreement between the parties.

(3.) The State Commission went into the details of all the payments made since the agreement was entered between the parties on 24.11.1999 and 26.2.2002 when the vehicle was repossessed. The commission came to a conclusion that during this period a total amount of Rs. 3,75,175/- had been paid to the OPs. The State Commission therefore, decided that it was a clear case of arbitrariness on the part of the OP's, which amounted to deficiency in service. The Commission has observed that as the OPs have already sold the vehicle to a third party, it can no longer be returned to the complainant. Therefore, the OP's were ordered, jointly and severally, to pay a consolidated sum of rupees 4,00,000/- to the complainant.