Orissa

Jharsuguda

CC/83/2014

Rakesh Shrivastav S/O-Aklesh Shrivastav - Complainant(s)

Versus

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

P.R.Singh Deo

16 Mar 2015

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 83 OF 2014

 

Rakesh Shrivastav (32 Yrs),

S/O- Aklesh Prasad Shrivastav,

RO: MQ-78, Mahavir Nagar, PS / Orient- Brajrajnagar,

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

     

                                           

Versus

 

Branch Manager,

Tata Motors Finance Ltd.,

At- Sambalpur Branch, Ainthapali, Sambalpur,

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

 

 

Counsel for the Parties:-

For the Complainant                                  Shri P.R. Singhdeo, 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-9713 which has been financed by the O.P for an amount of Rs.20,71,488/- only. The complainant was liable to pay the loan amount in regular monthly installments. The complainant has paid Rs.14,00,000/- 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. is demanding more amount other than outstanding dues illegally and threatening the complainant to seize his vehicle, 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.4,88,263/- only in total towards installments and other charges upto dated 30.11.2014 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 02.12.2011 to 02.10.2015.  As per the statement of accounts filed by the O.P.dtd. 30.11.2014 the complainant has outstanding dues of Rs.4,88,263/- only in total towards installments and other charges. The O.P. has also complied the interim order of this Hon’ble Forum by no repossessing the said vehicle of the complainant till date.

However the vehicle is in possession of the complainant it is the prime duty of the complainant to repay the monthly installments in due time to the O.P, as such no any merit found on the part of complaint petition.

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.