Orissa

Jharsuguda

CC/93/2014

Smt.Asmita Mohanty W/O-Santunu Mahanty,D/O-Basudev Mohanty - Complainant(s)

Versus

BM Indusind bank,Anithapali Sambalpur - Opp.Party(s)

B.N.Dutta

19 May 2015

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 93 OF 2014

 

Asmita Mohanty (34 Yrs.),

W/O- Santanu Mohanty, D/O: Basudev Mohanty,

RO: Sanketpatna, Samra,

Po/Ps/Dist: Jagatsinghpur, Odisha.

At present residing at- Bombay Chowk,

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

     

                                           

Versus

 

The Branch Manager,

Indusind Bank , Ainthapali,Sambalpur,

Dist: Sambalpur, Odisha.………………………………...….…....….…...Opp. Party.

 

Counsel for the Parties:-

For the Complainant                                  Shri B.N. Dutta, Adv. & Associates.

For the Opp. Party                                   Shri Sanjeet Rai, Adv. Associates.

 

Date of Order: 19.05.2015

 

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 Truck bearing Regn. No.OD-21A-0005 which has been financed by the O.P and the complainant was paying the installments regularly. The complainant could not be able to pay the installments in time as a result the O.P illegally seized the vehicle on dtd. 02.10.2014. To release the vehicle the complainant requested the O.P but the O.P demanded Rs.5,00,000/- only while there was outstanding dues of Rs.1,41,878/- only, 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 they have complied the interim order passed by this Hon’ble Forum dtd. 18.11.2014 in favour of the complainant but simultaneously denied all the allegations imposed by the complainant and mentioned a number of citations of different higher courts and  prayed for dismissal of the case.

Heard and perused the case record along with materials available.  As per the account statement dtd.16.12.2014 filed by the complainant vide contract No. OSS00335D the complainant was liable to pay Rs.3,10,783/- only towards overdue, Rs.19,69,500/- only towards future due and Rs.22,80,283/- only towards loan outstanding. 

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.

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 19^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.