Orissa

Jharsuguda

CC/65/2014

Rajesh Kumar Singh S/O-Ramracharya Singh - Complainant(s)

Versus

BM SREI Equipment Finance Ltd - Opp.Party(s)

Abdul Zalil

21 Apr 2015

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 65 OF 2014

 

Rajesh Kumar Singh (30 Yrs),

S/O- Sri Ramracharya Singh,

RO: Qr.No. 76/G, V.S.S. Nagar, R. Kudopali, 

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

     

                                           

Versus

 

1. Branch Manager,

SREI Equipment Finance Ltd.,

At/PO/PS: Ainthapali,

Dist: Sambalpur, Odisha.

 

2. Officer- In-Charge,

Head Office, Plot No, Y-10, Block EP, Sector-V,

Salt Lake City, Kolkata (W.B)- 700 091.………………..….…...Opp. Parties.

 

Counsel for the Parties:-

For the Complainant                           Shri Abdul Zalil, Adv. & Associates.

For the Opp. Parties                          Self (Ex-Parte).

 

Date of Order: 22.04.2015

 

Present

                                              1. Shri S.L.Behera, President.

                                               2. Shri S.K. Ojha, Sr. Member.

                                               3. Smt. A. Nanda, Member.

 

 

Shri S. K. Ojha,Sr. Member: - The brief facts of the complainant’s case is that, the complainant is the owner of one Tata Trailer LPS4018TC bearing Regn. No.OR-15S-8298 which has been financed by the O.P for an amount of Rs.27,86,506/- only without interest. The complainant was liable to pay the loan amount with interest of Rs.10,30,834/- only in 58 nos. of regular monthly installments started from 22.09.2012 to 22.06.2017. The complainant has paid 23 nos. of EMIs. and due to illness of complainant’s mother the complainant could not paid some of the installment in time. The O.P. is demanding Rs.2,48,768/- only towards overdue charges illegally and seize the  vehicle on dtd. 22.08.2014, hence this case.

The O.Ps. neither appeared nor filed his written version and after being providing sufficient opportunities stand ex-parte ultimately

Heard from the complainant and perused the case record along with materials available.  As per the Repayment Schedule, the complainant was liable to pay in 58 nos. of monthly installments started from dtd. 22.09.2012 to 22.06.2017. The account statement dtd. 30.08.2014 reflects that the closing balance of loan amount is Rs.18,73,654/- only , OD is Rs.2,48,768/- only ODC Rs.1,26,936/- only, CBC Rs.8,370/- only, other charges Rs.382/- only and unallocated amount is Rs.02/- only total amounting Rs.22,58,113/- only is total due including future EMIs. till date.

The O.Ps. have 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 in possession of the complainant which the complainant must repay the outstanding dues in time. In contrary the O.Ps. failed to appear in this case which reveals that the O.Ps. have not to say in this case.

However the complainant has taken loan which he is liable to repay in time.  The O.Ps. issued repayment schedule and account statement showing the actual status of loan account according to which the complainant should repay the same but the complainant is alleging the legibility of dues amounts issued as per the account statement by the O.Ps. which requires voluminous methods of calculations.

As the consumer foras are based on summary procedures and this case requires voluminous methods of calculations, thus the present case should be filed in the proper court of law to settle the matter hence we are in considered opinion to dismiss the case with no costs.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 22^nd   day of April’ 2015 and copy of this order shall be supplied to the parties as per rule.              

                                                                               I Agree.                         I Agree,                                                                                               

                                         

                                                        S.L.Behera,President        A.Nanda, Member (W)         S. K.Ojha,Sr. Member                 

                                               

                                                                                             Dictated and corrected by me,

    

                                               S. K.Ojha,Sr. Member.