MIR ALAM Vs. MAGMA FINANCE CORPORATION

JUDGEMENT

(1.) Heard Mr. Anurag Bindal, Advocate, for the petitioner and Mr. Suman Tripathy, Advocate, for the respondent.

(2.) This revision has been filed against the order of State Consumer Disputes Redressal Commission, Odisha dated 28.06.2019 passed in R.P. No. 24 of 2018 (arising out of the order of District Consumer Disputes Redressal Forum, Bhadrak dated 05.02.2018, passed in Consumer Complaint No. 74/2017), whereby District Forum, has directed the opposite party to deliver possession of the case vehicle to the petitioner within 10 days and the revision has been allowed holding that in view of Arbitrator's award, in the matter in dispute, consumer complaint was not maintainable and it has been dropped.

(3.) Mir Alam (the petitioner) filed Consumer Complaint No. 74/2017, for restraining the opposite party to repossess the truck (bearing registration No. OD-01, M-0554), to issue no objection certificate for deleting endorsement of hypothecation, from the truck, to pay a sum of Rs.10,000/- for mental agony, to pay cost of the litigation and any other relief to which the complainant will be entitled. It has been stated that the complainant purchased the truck (bearing registration No. OD-01, M-0554), for Rs.24 lakhs, in which the opposite party had financed Rs.18,14,477/- on 31.12.2014, after executing a loan agreement. Till the date of filing of the complaint, the complainant had paid Rs.19,51,000/- but the opposite party was charging exorbitant interest against guide lines of Reserve Bank of India and showing dues. On 05.10.2017, the muscle men of the opposite party tried to repossess the truck, when the truck was near Bishunpurbindha but due to interference of general public, they could not succeed but they gave threatening to repossess the truck later on. On these allegations, the complaint was filed.