DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 64 OF 2014

Mahendra Biswakarma (30 Yrs),

S/O- Dineshwar Biswakarma,

RO: Junadihi,  PO/PS: Belpahar,

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

Versus

1. The Branch Manager,

Magma Finocorp  Limited,

Beheramal, Jharsuguda

PO/PS/Dist: Jharsuguda, Odisha

2. Magma Fincorp Limited,

Regd. Office : 24, Park Street,

Kolkata-700016.…………………………...….…....….…...Opp. Parties.

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: 13.05.2015

Present

                                            1. Shri S.L.Behera, President.

                                            2. Shri S.K. Ojha, Sr. 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-16-C-0335 which has been financed by the O.Ps. The said vehicle met with an accident and due to which the complainant could not be able to pay some of the installments in time and demanded 06 months time from the O.Ps. But the O.Ps threatened and were searching the said vehicle to seize the same, hence this case.

The O.P. appeared through their counsel after being noticed and submitted through a preliminary objection cum written version that the complainant is a defaulter in making payments of installments. The O.P further submitted that the complainant has taken loan of Rs.7,00,000/- only excluding interest which the complainant was liable to repay the same in 34 Nos. of EMIs of Rs.27500/- only and he has outstanding dues of Rs.3,38,869/- only till the date of filing of Written Version and with denying all the allegations imposed by the complainant, the O.Ps have prayed for dismissal of the case.

Heard and perused the case record along with materials available. The complainant failed to file any details of loan account taken from the O.Ps, so also the O.Ps have failed to furnish any  loan account statement of complainant.

As per the above mentioned observation 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.Ps 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 13^th   day of May’ 2015 and copy of this order shall be supplied to the parties as per rule.              

          I Agree.                                                                                                                     

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

Dictated and corrected by me

      S. L. Behera, President.