DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 59 OF 2014

Dhiraj Kumar Gupta (28 Yrs.),

S/O- Ajay Kumar Gupta,

RO: Gumadera, 

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

Versus

1. Branch Manager,

Tata Motors Finance Ltd.,

At- Sambalpur Branch, Balaji Towers, GM College Road, Sambalpur,

PO- Sambalpur, PS/ Dist- Sambalpur, Odisha.

2. Branch Manager,

Tata Motors Finance Ltd., At- 1^st Floor Dua Complex,Panposh Road, Rourkela,

Dist: Sundargarh, Pin-769 001, Odisha.

3. Branch Manager,

Tata Motors Finance Ltd., At- 1-Think Techno Campus Building A

 2^nd  Floor Off Pokhran Road-2

Thane West-400607 (Maharashtra)

4. Damburudhar Kumbhar( Collection Agent),

S/O: Mahendra Kumbhar,

Tata Motors Finance Ltd., At: Gountiapada, Gumadera,

PO/PSD: Belpahar,Dist: Jhsarsuguda, Odisha.

5. Branch manager,

Garuda Vahan (P) Ltd.,

At: Bramani Taran, Vedyas, PS: Ranghunathpali, Rourkela,

Dist: Sundargarh, Odisha……..………....………………………..Opp. Parties.

Counsel for the Parties:-

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

For the Opp. Party No.1 & 2                     Shri A.K.Sahoo, Adv. Associates.

For the Opp. Party No.3,4 & 5                   None ( Ex-Parte)

Date of Order: 09.09.2015

Present

                                                                                    1. Shri S.L.Behera, President.

                                                                                    2. Smt. A. Nanda, Member.

Smt.A.Nanda,Member(W): - The brief facts of the complainant’s case is that, he has purchased one Ten wheeler Truck bearing Regn. No.OR-16E-0225 which has been

financed by the O.P.No.1 & 2 for an amount of Rs.20,56,595/- only with interest. The complainant was liable to pay the loan amount in 47 nos. of regular monthly installments@ Rs. 43,740/- per month. The contract started on 02.12.2011 and to be ended on 02.10.2015. The complainant has paid Rs.13,17,626/- only till the date of filing.  The complainant could not be able to pay some of the installments due to unavoidable circumstances. The O.P.No.1 & 2 are demanding Rs.82,896/- only towards installment and overdue charges  of Rs. 12,225/- only illegally and threatening the complainant to seize his vehicle, hence this case.

The O.P.No.1 & 2  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.No.3,4 and 5  did not appear before this forum and failed to file their written version , hence they are set ex-parte. The O.P.No.1 & 2 further submitted that the complainant has taken loan of Rs.14,39,637/- only excluding interest vide loan agreement No. 5000822085 and he has outstanding dues towards EMIs. Rs.2,44,373/- only and overdue outstanding of Rs.55,872.23P only upto dated 16.03.2015 and with denying all the allegations imposed by the complainant, the O.P.No.1 & 2 have prayed for dismissal of the case.

Heard and perused the case record along with materials available.  As per the Repayment Schedule filed by the complainant bearing loan agreement No. 5000822085 the complainant was to repay the loan amount with interest in 47 nos. of monthly installments started on 02.12.2011 and  to be ended on 02.10.2015.  As per the submission of O.P.No.1 & 2, the complainant is liable to pay of Rs.3,00,245.23P. only in total upto dated 16.03.2015. 

The O.P.No.1 &2 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.P.No.1 & 2 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 as the due date of loan agreement is dtd. 02.10.2015. So far as allegation against the O.P.No.3,4 & 5 are concerned, there is no any evidence whatsoever on the record to adjudicate the case against them.

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 9^th   day of September’ 2015 and copy of this order shall be supplied to the parties as per rule.              

                                              I Agree,                                                                                                        

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

                        Dictated and corrected by me

                            A.Nanda, Member (W)