Orissa

Jharsuguda

cc/54/2014

Lakshi Ray S/O -Ashrafi Ray - Complainant(s)

Versus

BM TATA MOTERS Finance Ltd, - Opp.Party(s)

Abdul Zalil

09 Mar 2015

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 54 OF 2014

 

Lakshi Ray (32 Yrs),

S/O- Ashrafi Ray,

RO: Biju Nagar, PO: Industrial Estate, 

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

                                                 

Versus

 

1. The Branch Manager,

Tata Motors Finance Ltd.,

Sambalpur Branch, Balaji Tower 2^nd Floor,

G.M.College Road, PO/ PS/ Dist: Sambalpur, Odisha.

 

2. Branch Manager, Customer Care,

Tata Motors Finance Ltd.,

At: 1-Think Techno Campus Building A,

2^nd Floor off Pokhran Road-2,

Thane West- 400 607 (Maharashtra)

 

3. Kali Charan Das, Collection Agent,

S/O: Not known,

Tata Motors Finance Ltd.,

At: Gumadera Nayapada,

PO/PS: Belpahar, Dist: Jharsuguda, Odisha…………….…..….…...Opp. Parties.

 

 

Counsel for the Parties:-

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

For the Opp. Parties                                Shri A.K.Sahoo, Adv. Associates.

 

Date of Order: 09.03.2015

Present

                                            1. Shri S.L.Behera, President.

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

                                            3. Smt. A. Nanda, Member.

 

Smt. Anamika Nanda, Member: - The brief facts of the complainant’s case is that, the complainant has the owner of one Ten wheeler Truck bearing Regn. No.OR-23E-8581 which has been financed by the O.Ps. for an amount of Rs.20,16,670/- only  on which interest charged for amount of Rs.4,17,450/- only in total Rs.24,34,120/- only

The complainant was liable to pay the loan amount in 35 nos. of regular monthly installments of Rs.70,800/- only started from dtd. 02.10.2011 to 02.08.2014. The complainant has paid Rs.21,78,040/- only till the date of filing of this case but the O.ps. as per their statement have received Rs.21,25,528/- only. The difference amount of Rs.52,512/- only is not able to clarify by the O.Ps. even after several request and demanding Rs.2,65,250/- only from the complainant and threatening the seize the vehicle, hence this case.

The O.Ps. appeared through their counsel after being noticed and filed written version wherein it has been stated that the matter is under arbitration clause of agreement and the sole arbitrator after following due procedure passed the award on dtd. 26.03.2014. The complainant is a defaulter in making payments of installments and he has outstanding dues of Rs.1,40,712/- only towards installments and Rs. 2,19,721/- only towards overdue charges up to dated 26.01.2015 and with denying all the allegations imposed by the complainant, the O.Ps. have prayed for dismissal of the case along with mentioning of several citations.

Heard and perused the case record along with materials available.  As per the repayment schedule the complainant was liable to pay in 35 nos. of monthly installments w. e .f 02.10.2011 to 02.08.2014.  As per the submission of O.P the complainant was liable to pay of Rs.3,60,433/- only till dtd. 26.01.2015 but failed to file any statement of accounts reflecting the current actual outstanding dues on complainant. The O.ps. also failed to file the copy of award passed by the sole arbitrator as mentioned in the written statement.

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. 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 but the O.P. failed to file any statement of accounts showing the current and actual outstanding dues of the complainant.

In view of above circumstances, we allow the complaint petition in partly with direction to the O.P to issue afresh statement of accounts of the vehicle bearing No. OR-23-E-8581 to the complainant and receive the same from the complainant as per law.  

            Accordingly the case is disposed of.

Order pronounced in the open court today the 09^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       S. L. Behera President        A.Nanda, Member (W)                   

    Dictated and corrected by me

 

           A.Nanda, Member (W)