DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 63 OF 2014

Aloka Khamari (28 Yrs.),

S/O- Dinabandhu Khamari,

RO: Ward No-14,Gangadhar Nagar, 

PO/PS/Dist: Bargarh, Odisha,

At present residing at Ghandhi Chowk,

PS: Brajrajnagar, Dist: Jharsuguda,Odisha………..…………………Complainant.

Versus

The Branch Manager,

L & T Finance Ltd.,

At/PO: Budharaja,

P/S/Dist: Sambalpur, Odisha.………………………...….…....….…...Opp. Party.

Counsel for the Parties:-

For the Complainant                                  Shri P.M.R. Rao, Adv. & Associates.

For the Opp. Party                                   Shri A.K.Sahoo, Adv. & Associates.

Date of Order: 04.07.2016

Present

                                            1. Shri S.L.Behera, President.

                                            2. Shri S.K. Ojha,  Member.

Shri S. L. Behera, President: - The brief facts of the complainant’s case is that, he has purchased one vehicle bearing Regn. No.OR-15R-2410 which has been financed by the O.P for an amount of Rs.25,50,000/- only without interest. The complainant was liable to pay the loan amount on or before May,2015. The complainant has paid Rs.21,15,000/- only till the date of filing.  The complainant  could not be able to pay  some of the installments in time due to non-furnishing of copy of agreement for which the complainant defaulted Rs.2,00,000/- only approximately till date of filing as a result the O.P. has seized  his said vehicle illegally and threatened to auction sale the same, hence this case.

The O.P. appeared through his 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.25,50,000/- only excluding interest vide Loan agreement No. EFD016016R1100371884.  The complainant has outstanding dues of Rs.15,11,727/- only remained unpaid. The O.P further more submitted that the complainant has failed to adhere to the interim order passed by this Hon’ble Forum therefore in order to minimize losses  to be incurred by the O.P sold the vehicle for the based available price on dtd. 30.12.2014 for an amount of Rs.9,20,000/- only and it stated further that even after adjusting the sale proceeds an amount of Rs.5,91,727/- only still remains due and payable till date and with denying all the allegations imposed by the complainant, the O.P has prayed for dismissal of the case.

Heard in part and perused the case record along with materials available.The preferred revision before Hon’ble State CDR Commission, Cuttack on the interim petition passed by this Hon’ble Forum.  Deciding ex-parte the revision petition bearing No. 125 of 2014 on dtd.07.07.2015 Hon’ble State CDR Commission held to hear the interim petition afresh in presence of both the parties and to pass necessary order with law.  Both the parties were given sufficient opportunities to hear the matter but the complainant remained absent on calls thus, this Hon’ble Forum proceed forward to decide the case on merit. 

The complainant has purchased a vehicle ( Tata LPS-4018) which was financed by the O.Ps. for amount of Rs.25,50,000/- only which was to be repaid by the complainant in 38 nos. of monthly EMIs. @ Rs.70,500/- only. The complainant could not be able to pay the EMIs. in time and till the filing of written version by the O.P. there was an outstanding amount of Rs.15,11,727/- only.  Awaiting for the loan amount, the O.P, in order to minimize loss he sold the vehicle for the best available price of Rs.9,20,000/- only on dtd. 30.12.2015. After adjusting the sale proceed an amount of Rs.5,91,727/- only is remain due payable by the complainant.  The complainant remain silent in all the proceedings. 

As the complainant has not paid the outstanding dues against which the steps taken by the O.P is not found to be deficient in service on his part, hence the complaint petition is hereby dismiss with not costs.     

            Accordingly the case is disposed of.

Order pronounced in the open court today the 5^th   day of July’ 2016 and copy of this order shall be supplied to the parties as per rule.              

          I Agree.                                                                                                                        

                    S.K.Ojha, Member                                                         S. L. Behera President                 

                    Dictated and corrected by me

                   S. L. Behera, President.