Orissa

Jharsuguda

CC/39/2014

Prasanta Ku Pattnaik s/o Late- Gopendra Pattkaik - Complainant(s)

Versus

B.M L&T finance Ltd Sambalpur - Opp.Party(s)

N.K.Mishra

28 Apr 2015

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 39 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,

L & T Finance Ltd., Sambalpur Branch,

 Jagadamba Complex, Budharaja,Sambalpur,

Dist: Sambalpur, Odisha.…………………………………...….…....….…...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: 28.04.2015

 

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, the complainant is the owner of one Ten wheeler Truck bearing Regn. No.OR-23E-3013 which has been financed by the O.P for an amount of Rs.13,80,000/- only without interest. The complainant was liable to pay the loan amount in 46 nos. of regular monthly installments. The complainant has paid Rs.12,70,500/- only till date of filing of this case and the last due date of loan agreement is dtd.05.02.2015.  The complainant could not be able to pay some of the installments due to burden of education expenditure of his sons. The O.P. is demanding Rs.2,70,000/- 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 filed written version wherein it has been stated that the complainant is a defaulter in making payments of installments and he has outstanding dues of Rs.4,20,982/- only in total till the date of filing version 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 Foreclosure / Closure Simulation Report, the complainant is liable to pay a sum of Rs.4,20,982.79P only  upto date 06.04.2015 towards net closure of the loan account. 

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 was dtd. 05.02.2015. But the complainant has not paid the dues amount of Rs. 4,20,982.79P only till date.

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 28^th  day of April’ 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.