DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 08 OF 2014
Rajesh Kumar Banerjee, (32Yrs),
S/O-Subhash Chandra Banerjee,
R/O- Near Jagannath Temple, Bandhabahal Colony,
PS- Banharpali, Dist -Jharsuguda, Odisha……………….……..….… Complainant.
Versus
Branch Manager,
L & T Finance Ltd.,
Budharaja, Sambalpur,
PO/PS/Dist -Sambalpur, Odisha.……………..…………………………….Opp. Party.
Counsel for the Parties:-
For the Complainant Shri S.N.Pasayat, Adv. & Associates
For the Opp. Party. Shri, A.K. Sahoo, Adv. & Associates.
Date of Order: 02.09.2014
Present
1. Shri S. K. Ojha, President In-Charge.
2. Smt. A. Nanda, Member (W).
Shri S.K. Ojha, President In-Charge :- The complainant’s case in brief is that, he has purchased a vehicle bearing Regn. No. OR-23-D-5157 being financed by the O.P by entering into a hire purchase agreement on dtd. 31.07.2010. The complainant was liable to pay the entire loan amount in 46 nos. of monthly installments as per the agreement executed between both the parties. The complainant was paying the monthly installment regularly and sometimes he use to pay part payments of the monthly installments. The complainant could not paid some of the installments in time due to breakdown of vehicle, irregularity in mining operation, workers unrest, and public strikes. Due to non payment of the monthly installments in time, the O.P was threatening to seize the vehicle, as such the complainant filed this case before this Hon’ble Forum praying for relief with a Misc. Case petition along with the relevant documents.Being noticed, the O.P appeared and filed written version by submitting that, the complainant has taken loan of Rs.12,60,000/- only against purchasing of one Tata LPT-2515 TC EX E-II vehicle. The complainant was liable to pay the said loan amount in 46 Nos. of monthly installments @ Rs. 27,000/- only in the first installment and rest @ Rs.35,800/- only equally per month but he was not paying the installments in due time and he has total outstanding dues of Rs.4,44,801/- only till date. Further the O.P stated that he has not committed any deficiency in service and prayed for dismissal of the case.
Heard from parties in length, perused the materials available in the case record. The complainant has purchased the vehicle which has been financed by the O.P, where the complainant was liable to pay the loan amount in 46 Nos. of monthly EMIs. @ Rs.27,000/- only as the fist installment and rest @ Rs.35,800/- only started from dtd. 05.09.2010 to dtd. 05.06.2014. The complainant failed to pay some monthly installments in time which tuned to Rs.5,58,782/- only up to dated 11.08.2014 out of which Rs. 3,83,600/- only towards installment over due and Rs.1,75,182/- only towards other over dues as per the account statement issued by the O.P.
With the complaint petition, the complainant had filed a Misc. Case petition U/S-13(3-B) of C.P. Act, 1986 which was considered by this Forum and allowed by providing relief with a direction to the O.P for not to seize the vehicle of the complainant until further order, which the O.P complied the same, but the complainant, after availing Interim relief, he failed to pay the monthly installments to the O.P. in time. But the complainant has undertaken to clear the all his dues within the stipulated period of agreement i.e. dtd. 05.06.2014 which indicates the intention of the complainant towards repayment of his dues amount.
In view of the above circumstances, we are in considered opinion to allow partly of the complaint petition by directing the O.P to receive the dues amount from the complainant as per law.
Accordingly the case is disposed of.
Order pronounced in the open court today the 02th day of Sept’ 2014 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, President In-Charge.
Dictated and corrected by me.
Sd/- S.K.Ojha, President In-Charge.
