Orissa

Jharsuguda

CC/95/2014

Mukkesh Kumar SharmaS/O-Shiva Kumar Sharma - Complainant(s)

Versus

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

P.R.M.Rao

16 Mar 2015

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 95 OF 2014

 

Mukesh Kumar Sharma (46 Yrs),

S/O- Shiv Kumar Sharma,

RO: Marwaripada,

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

     

                                           

Versus

 

Branch Manager,

Tata Motors Finance Ltd.,

At- Sambalpur Branch, Balaji Tower,

G.M. College Road, Sambalpur,

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

 

 

Counsel for the Parties:-

For the Complainant                                  Shri P.M.R. Rao, Adv. & Associates.

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

 

Date of Order: 16.03.2015

 

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, he has purchased one Truck bearing Regn. No.OR-23E-0609 which has been financed by the O.P. The complainant was liable to pay the loan amount in regular monthly installments. The complainant was to pay the said loan amount in equal monthly installments of Rs.38,000/- only in 45 nos. of EMIs. The complainant surprisingly received a statement in which he was defaulted of installment of Rs.4,13,000/- only and Rs.3,00,000/- only towards overdue charges and without clarifying the details the O.P seized the vehicle forcibly, hence this case.

 

The O.P. appeared through his counsel after being noticed and submitted through a preliminary objection that the complainant is a defaulter in making payments of installments and he has outstanding dues of Rs.7,66,469/- only in total towards installments and other charges upto dated 15.11.2014 and 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 Loan Agreement filed by the O.P., the complainant was liable to pay the loan amount in 47 nos. of monthly installments started from 30.01.2011 to 02.10.2014.  As per the statement of accounts filed by the O.P.dtd. 15.11.2014 the complainant has outstanding dues of Rs.7,66,469/- only in total towards installments and other charges. As per the memo filed by the O.P dtd. 27.02.2015 the complainant has not complied the interim order dtd. 21.11.2014.

As the complainant has not complied the interim order which was passed in his favour on dtd. 21.11.2014. Such activities reflects that the complainant is having no any interest in this case.

Hence we are in considered opinion to dismiss the case with no cost to either of the parties.  

            Accordingly the case is disposed of.

Order pronounced in the open court today the 16^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.