DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:

                                                -ooOoo-

C.D.CASE NO.336/ 2018

Manash Kumar Barik, S/o Dharanidhar Barik,

At – Plot No.770, Saheed Nagar, Bhubaneswar,

Dist : Khurda

….     Complainant

-Vrs.-         

1.       Cholamandalam  Investment & Finance Company Ltd.,

          (Formerly known as Cholamandalam DBS Finance Ltd.,)

Dare House Complex,  Parry House, 2^nd  Floor  No.2

          NSC Bose Road, Parrys,Chennai-600 001, India 

          Through its Managing Director.

2.       Cholamandalam  Investment & Finance Company Ltd.,

          (Formerly known as Cholamandalam DBS Finance Ltd.,)

          Bhubaneswar Branch, At : 1^st Floor, Arnapurna Complex,

          Plot No.559, Lewis Road,

          Bhubaneswar, Dist : Khurda, Odisha,

 through  its State Head/ Authorized Signatory.

                                                                             ….     Opp. Parties

For the complainant      :         Mr. K.C.Prusty (Adv.)

For the O.Ps                            :         Mr. A.B.Majhi  (Adv.) & Associates

DATE OF FILING         :         29/12/2018

DATE OF ORDER        :         19/08/2022

ORDER

K.C.RATH, PRESIDENT

1.       This is an application U/s 12 of the C.P.Act, 1986.

2.       The complainant’s case in brief is that, he had incurred a loan of Rs.11,31,094/- from the OPs in order to purchase TATA-LPT-909/38 TRUCK. The complainant had to repay the entire loan amount in 59 installments  within a period ranging from 05/03/2017 to 05/01/2022. However, the complainant faced financial difficulties and requested the OPs to allow some more time for payment of installment amount. But the OPs did not consider the request of the complainant and were determined to repossess the vehicle in question. Hence  this complaint.

3.       On the other hand, the  OPs  filed written version  stating therein that the complainant defaulted in making payment of the monthly installments and when the OPs tried to enforce their right under the terms of the agreement, the complainant files this vexatious complaint which is liable to be dismissed.

4        Perused the materials on record.  True it is that the complainant had incurred a loan of Rs.11,31,094/- from the OPs in order to purchase a truck. As is gathered from the materials on record, he had defaulted in  making payment of monthly installments and apprehending  the seizure of the vehicle by the OPs, the complainant came to this Commission and prayed for interim relief. This Commission ordered that the complainant should pay Rs.1,30,315 in two installments to the OPs who were then directed not to seize / repossess the vehicle in question. However,  the complainant did not deposit the amount so directed by the Commission. It is crystal clear that the loan amount is overdue.  I do not find any deficiency in service on the part of the OPs. Hence it is ordered.

ORDER

The complaint is  hereby  dismissed on contest  against the OPs    being devoid of merit.

The order is pronounced on this day the   19^th  August,  2022  under the seal & signature of the President and Members  of the Commission.

                                                                                      (K.C.RATH)    

                                                                                       PRESIDENT

 Dictated & corrected by me

          President                                                                                    

I agree                                                                    

(S.Tripathy)                                                                           

Member (W)                                                                              

Transcribed by Smt. M.Kanungo, Sr.Steno