Orissa

Jharsuguda

cc/52/2014

Smt. Puspanjali Singh,S/O- Vir Bahadhur Singh - Complainant(s)

Versus

BM Cholamandalam Investment&Finance Co Ltd - Opp.Party(s)

K.K.Mishra

11 May 2015

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 52 OF 2014

 

Puspanjali Singh (28 Yrs.),

W/O- Vir Bahadur Singh,

RO: TRL Colony, Qr. No. C/63, 

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

     

                                           

Versus

 

The Branch Manager,

Cholamandalam Investment & Finance Co. Ltd.,

SambalpurBranch, Sabat Complex,Ainthapali,

B.T.M Chock,Jharsuguda,

Dist: Sambalpur, 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: 11.05.2015

 

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-23E-5873 which has been financed by the O.P for an amount of Rs.15,00,000/- only without interest. The complainant was liable to pay the loan amount in 47 nos. of regular monthly installments. The complainant has paid Rs.12,50,000/- only till the date of filing.  The complainant could not be able to pay some of the installments due to theft of her husband’s one vehicle. The O.P. is demanding Rs.81,120/- 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 his written version wherein it has been stated  that the complainant is a defaulter in making payments of installments. The O.P further submitted that the complainant has taken loan of Rs.15,00,000/- only excluding interest vide loan agreement No. XVFPJRA00000607358 and he has outstanding dues towards EMIs. Rs.3,45,000/- only and overdue outstanding of Rs.1,48,415/- only upto dated 20.01.2015 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. XVFPJRA00000607358 the complainant was to repay the loan amount with interest in 47 nos. of monthly installments started from 01.08.2011 to 01.06.2015.  As per the submission of O.P, the complainant is liable to pay of Rs.5,02,415/- only in total upto dated 20.01.2015. 

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. 01.06.2015.

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 11th   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.

 

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