DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 32 OF 2014
Smt. Mamina Nayak (27 Yrs),
W/O- Maheswar Rout,
RO/PO: Bandhbahal Colony, PS: Banharpali,
Dist - Jharsuguda, Odisha…………………………………………...……………Complainant.
Versus
Branch Manager,
Indusind Bank Ltd.,
At: Ground Floor, Hansini Tower,
Ainthapali, Sambalpur- 768 004………………..……………..….…..….………...Opp. Party.
Counsel for the Parties:-
For the Complainant Shri N.Biswal, Adv. & Associates.
For the Opp. Party Shri S.P.Rai, Adv. Associates.
Date of Order: 13.01.2015
Present
1. Shri S.K. Ojha, Sr. Member.
2. Smt. A. Nanda, Member.
Shri S. K. Ojha, Sr. Member: - The brief facts of the complainant’s case is that, she has purchased one Ten wheeler Truck bearing Regn. No.OR-23-A-9979 to maintain her livelihood which has been financed by the O.P. for amount of Rs.5,00,00/- only with interest, repayable in 48 nos. of monthly installments. The complainant was paying the installments regularly and no any outstanding dues is pending against her but the O.P. has repossessed her said vehicle without maintaining due procedures of law and demanding over dues of Rs.87,278/- only, hence this case.
The O.P. appeared through his counsel after being noticed and submitted that the complainant is a defaulter in making payment of installments and Rs.62,083/- only is outstanding dues over the complainant upto dated 29.07.2014 and prayed for dismissal of the case.
Heard and perused the case record along with materials available. As per the Loan Agreement filed by the O.P., the complainant was liable to pay the loan amount in 34 nos. of monthly installments started from 07.09.2013 to 07.06.2016. As per the statement of accounts filed by the O.P.dtd. 29.07.2014 the complainant has outstanding dues of Rs.62,083/- only along with future dues. The O.P. has also complied the interim order of this Hon’ble Forum by releasing the vehicle in favour of the complainant.
However the vehicle is in possession of the complainant it is the prime duty of the complainant to repay the monthly installments in due time to the O.P, as such no any merit found on the part of complaint petition.
Hence we are in considered opinion to dismiss the case with no cost to either of the parties.
Accordingly the case is disposed of.
Order pronounced in the open court today the 13th day of January’ 2015 and copy of this order shall be supplied to the parties as per rule.
I Agree.
Sd/- A.Nanda, Member (W) Sd/- S. K. Ojha, Sr. Member
Dictated and corrected by me
Sd/-S. K. Ojha, Sr. Member
