Orissa

Jharsuguda

cc/51/2014

Prasanna Kumar Pattanaik S/O-Late Gopeandra Pattannaik, - Complainant(s)

Versus

BM Sri ram Transport Finance Co ,Ltd - Opp.Party(s)

K.K.Mishra

04 Mar 2015

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 51 OF 2014

 

Prasanna Kumar Pattanaik (36 Yrs),

S/O- Late Gopendra Pattanaik,

RO: Gumadera (Malipara), 

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

      

                                           

Versus

 

 The Branch Manager,

Sriram Transport Finance Co. Ltd., Jharsuguda Branch,

Priyanka Complex, 2^nd Floor, Beheramal

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

 

Counsel for the Parties:-

For the Complainant                                  Shri P.R. Singhdeo, Adv. & Associates.

For the Opp. Party                                   Shri N. Biswal, Adv. Associates.

 

Date of Order: 04.03.2015

 

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, the complainant has the owner of one Ten wheeler Truck bearing Regn. No.OR-23F-2913 which has been financed by the O.P for an amount of Rs.5,30,000/- only without interest. The complainant was liable to pay the loan amount in regular monthly installments. The complainant has paid Rs.3,49,000/- only till the date of filing of this case and the balance amount of Rs.2,67,470/- only has been refinanced by the O.P. The complainant could not be able to pay some of the installments due to some unavoidable circumstances. The O.P. is demanding Rs.2,12,054/- only towards overdue charges illegally and threatening the complainant to seize his vehicle, hence this case.

 

 

 

The O.P. appeared through his counsel after being noticed and filed written version wherein it has been stated that the complainant had availed loan of Rs.5,30,000/- which has been settled on dtd. 14.03.2014 and the agreed outstanding amount of Rs.3,72,000/- only has been refinanced which is continuing till date.  The complainant is a defaulter in making payments of installments and he has outstanding dues of Rs.3,81,331/- only upto dated 22.08.2014 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 ‘I-Summary of loan for vehicle’ dtd.22.08.2014 (Annexure-1), the loan account bearing No. JHRSU0204040003, the loan of Rs.5,30,000/- only has been settled on dtd. 14.03.2014, so also as per Annexure-2 the balance amount of Rs.3,72,000/- only has been refinanced bearing loan account No. JHRSU0403120004 and the total outstanding dues is Rs.3,81,331/- upto dated 22.08.2014.

The O.P has restructured the outstanding dues and provided a facility to the complainant to refund the dues as per his suitability, against which the complainant should also repay the same in time.  However, the O.P 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 view of above circumstances, we do not found any merit in the case of complainant and 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 4^th   day of March’ 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.