Orissa

Jharsuguda

CC/37/2014

Vir Bahadur Singh S/O. Late Virendra Pratap Singh - Complainant(s)

Versus

BM, Tata Motors Financ e Ltd.Sambalpur - Opp.Party(s)

N.K.Mishra

10 Feb 2015

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 37 OF 2014

 

Vir Bahadur Singh (36 Yrs),

S/O- Late Virendra Pratap Singh,

RO: TRL Colony Qr. No.C / 63, 

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

      

                                           

Versus

 

The Branch Manager,

Tata Motors Finance Ltd.,

Sambalpur Branch, Balaji Tower 2^nd Floor,

In front of Diamond Laundry,

G.M.College Road,Dist: Jharsuguda, 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: 10.02.2015

 

Present

                                            1. Shri S.L.Behera, President.

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

                                            

 

Shri S. L. Behera, President: - The brief facts of the complainant’s case is that, he has purchased one Ten wheeler Truck bearing Regn. No.OR-23F-5271 which has been financed by the O.P for an amount of Rs.26,87,000/- only excluding interest. The complainant was liable to pay the loan amount in regular EMIs. out of which he has paid  Rs.16,50,000/- only till the date of filing the case. The complainant could not paid some of the installments in time due to some unavoidable circumstances which was not intentional.  The complainant is agreed to pay the balance loan amount along with interest within last due date of finance i.e. 02.02.2016 but the O.P is demanding Rs.1,52,000/- only illegally towards overdue charges and threating to seize the vehicle.  Due to non-supplying of the true and correct statements of outstanding dues and harassing the complainant the case has been filed for proper adjudication.

 

The O.P. appeared through their counsel after being noticed and submitted that the complainant is a defaulter in making payments of installments and he has outstanding dues of Rs.4,70,170/- only upto dated 30.08.2014 excluding other charges amounting Rs.1,97,765.18P.  The O.P further submitted that there is an arbitration clause in this case and challenging on the maintainability through filing of preliminary objection 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 account statement filed by the O.P dtd. 03.02.2015, the complainant has paid Rs.20,45,642/- only  and a current overdue amount is Rs.5,89,358/- only  including accrued ODC and other charges etc. The said loan account will end on 02.02.2016. 

The complainant is interested to pay all the dues amount including interest and other charges within the tenure of finance period.  It has been noticed that after getting relief in shape of interim order from this Hon’ble Forum the complainant is regularly paying his installment amounts to the O.P.

In the above observation we are in considered opinion to allow partly the complaint case with direction to the O.P to issue afresh statement of accounts in favour of the complainant and receive the outstanding dues amounts regularly from the complainant.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 10^th day of February’ 2015 and copy of this order shall be supplied to the parties as per rule. 

                                                                      I Agree.                                                                                                                                  

                                         

                                                                      S.K.Ojha, Sr.Member                                                S. L. BeheraPresident                 

 

                                                                       Dictated and corrected by me

 

                                                                              S. L. Behera, President.