OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANGUL
PRESENT:- SRI DURGA CHARAN MISHRA.
PRESIDENT
A N D
Smt.Sunanda Mallick &
Sri K.K.Mohanty, MEMBERS .
Consumer Complaint No. 20 of 2015
Date of Filling : -09.03.2015.
Date of Order :- 08.11.2019.
Panchanan Behera,
At/P.O-Ogi, P.S:-Jarapada,Dist.Angul.
_____________________________________________Complainant.
Vrs.
- Branch Manager,
Cholamandalam Investment & Finance Co. Ltd.
At-Sobhra Tower, NH-55,P.O/P.S/Dist.-Angul
- Divisinal-cum-Collection Manager,
Cholamandalam Investment & Finance Co. Ltd.
At-Arnapurna Complex,1st Complex, Lewis Road,
BJB Nagar,Bhubaneswar,Dist.-Khurda
- Regd. Head Office,Legal Officer,
Cholamandalam Investment & Finance Co. Ltd.
At-Dare house,1st floor, No.-2, N.S.C. Bose Bose road, Chennai
_________________________________________________Opp. parties.
For the complainant :- Sri Md. Azad & associates(Advs.).
For the opp.parties :- Sri M.K.Panda &associates(Advs.)
: J U D G E M E N T :
Sri K.K.Mohanty,Member.
1. The complainant has filed this case with prayer to direct the opp. parties to release the seized vehicle No.-OR-19-P-1481 in his zima after receiving 7 (seven) nos. of arrear EMIs and to pay compensation as well as litigation charges to him.
2. The opp. parties have contested the case by filing written statement stating that the complainant has defaulted to pay very high amount and he may be directed to clear up all the arrear EMIs up to date. It is also averred that though this forum had directed the complainant vide order dated 17.04.2015 in Misc case No.-12 of 2015 to deposit Rs.1,12,426/- only with the opp. parties and take the seized vehicle No.-OR-19-P-1481 but the petitioner did not comply the order of this forum. Hence the opp. parties have prayed for dismissal of the case.
3. Though complainant has claimed that the opp. parties are demanding very high amount but the settlement memo (Annexure-1) filed by both the parties reveals that the opp. parties are willing to exempt the complainant from paying more on receipt of cash of Rs.3,31,843/- only. Counsels for both the parties have signed on the settlement memo and during argument both of them have also agreed to the contents of Annexure-1. Hence order:-
ORDER
The case is disposed of on contest and compromise by both the parties. The complainant is directed to pay Rs.3,31,843/- to the opp. parties within 30days of getting this order and the opp. parties are directed to receive the said amount by issuing receipt. After receiving the cash the opp. parties shall close the loan account and deliver the seized Bolero SLX No.-OR-19-P-1481 to the complainant within 3days. The opp. parties can not demand any further amount from the complainant. If the complainant fails to pay the agreed amount within the stipulated time, the OPs are liberty to dispose of the said vehicle in accordance with law.
Order delivered in the open forum today the 8th November,2019 with hand and seal of this Forum.
Typed to my dictation
and corrected by me Sd/-
(Sri D.C. Mishra),
Sd/- President.
(Sri K.K.Mohanty ),
Member.
Sd/- (Smt.S.Mallick),
Member.
