DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 44 OF 2014

Prasanna Kumar Pattanaik (36 Yrs),

S/O- Late Gopendra Pattanaik,

RO: Gumadera (Malipara), 

PO/PS: Belpahar, Dist: Jharsuguda,Odisha………….………………Complainant.

Versus

The Branch Manager,

Cholamandalam Investment & Finance Co. Ltd.,

Jharsuguda Branch, Priyanka Complex,  2^nd Floor,

B.T.M Chock,Jharsuguda,

Dist: Jharsuguda, Odisha.…………………l…………...….…....….…...Opp. Party.

Counsel for the Parties:-

For the Complainant                                  Shri P.R. Singhdeo, Adv. & Associates.

For the Opp. Party                                   Shri A.K.Sahoo, Adv. Associates.

Date of Order: 06.05.2015

Present

                                            1. Shri S.L.Behera, President.

                                            2. Shri S.K. Ojha, Sr. Member.

                                            3. Smt. A. Nanda, Member.

Shri S. L. Behera, President: - The brief facts of the complainant’s case is that, he has purchased one Ten wheeler Truck bearing Regn. No.OR-23F-3013 which has been financed by the O.P for an amount of Rs.15,74,000/- only without interest. The complainant was liable to pay the loan amount in 46 nos. of regular monthly installments. The complainant has paid Rs.11,71,030/- only till the date of filing.  The complainant could not be able to pay some of the installments due to burden of education expenditure of two sons and one brother which is the engineering student. The O.P. is demanding Rs.1,97,879/- only towards overdue charges illegally and threatening the complainant to seize his vehicle, hence this case.

The O.P. appeared through their counsel after being noticed and submitted through a preliminary objection that the complainant is a defaulter in making payments of installments. The O.P further submitted that the complainant has taken loan of Rs.18,19,940/- only excluding interest vide loan agreement No. XVFPJRA00000624617 and he has outstanding dues of Rs.4,14,561/- only upto dated 19.03.2015 and with denying all the allegations imposed by the complainant, the O.P has prayed for dismissal of the case.

Heard and perused the case record along with materials available.  As per the Repayment Schedule filed by the complainant bearing loan agreement No. XVFPJRA00000624617 the complainant was to repay the loan amount with interest in 59 nos. of monthly installments started from 01.10.2011 to 01.08.2016.  As per the submission of O.P through preliminary objection petition the complainant is liable to pay of Rs.4,14,561/- only in total upto dated 19.03.2015. 

The O.P has sanctioned loan facility to the complainant to purchase the vehicle, against which the complainant should also repay the same in time but sometimes he fails to do so.  However, the O.P complied the Interim Order passed by this Hon’ble Forum and now the said vehicle is in possession of the complainant which the complainant must repay the outstanding dues in time as the due date of loan agreement is dtd. 01.08.2016.

In view of above circumstances, we do not found any merit on the part of complainant, hence we dismiss the case with no costs.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 06^th   day of May’ 2015 and copy of this order shall be supplied to the parties as per rule.              

          I Agree.                       I Agree,                                                                                               

         S.K.Ojha, Sr.Member        A.Nanda, Member (W)         S. L. Behera President                 

Dictated and corrected by me

      S. L. Behera, President.