DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:

                                                -ooOoo-

C.D.CASE NO.195/2019

Manas  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.

3.       Regional Transport Officer, Bhubaneswar, Office of RTO.,

At/PO- Acharya Vihar Square, Bhubaneswar, Dist – Khurda

                                                                             ….     Opp. Parties

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

For the O.Ps         1 & 2                   :         Mr. A.B.Majhi  (Adv.) & Associates

For the OP.3                            :         Exparte

DATE OF FILING         :         08/07/2019

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 loan of Rs.11,31,094/- from the OPs 1 & 2  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. As per the order of this Commission, he went to the office of the OPs  to deposit Rs.1,30,315/-. But the OPs did not receive the said amount. On the other hand, the OPs repossessed / seized the truck in question. Despite request of the complainant, the OPs 1 & 2  did not release the vehicle in his favour.   Hence  this complaint.

3.       On the other hand, the  OPs 1 & 2   filed written version  stating therein that the complainant defaulted in making payment of the monthly installment amount and in order to avoid the seizure and sell of the vehicle, he had come to this Commission with a vexatious  complaint which is liable to be dismissed with cost.

4        Perused the materials on record.  Admittedly,  the complainant had incurred a loan of Rs.11,31,094/- from the OPs 1 & 2  in order to purchase a truck.  He defaulted in making payment of monthly installments.  As it appears from the record, that this Commission had directed the OPs not to sell the vehicle and  at the same time directed the complainant to repay the monthly installments regularly. The complainant did not comply with the order of this Commission and there is a huge amount of overdue against  the complainant. Therefore, the complaint bears no merit. 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