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. 46 of 2012
Date of Filling : -07.05.2012.
Date of Order :- 18 .12.2019.
Santosh Ku.Pradhan,S/O.Sukuru Pradhan,
At/P.O.Bijigol,NTPC,Kaniha,Dist.Angul.Odisha.
_________________________________________Complainant.
Vrs.
- Branch Manager,Cholamandalam Investment & Finance Co.Ltd,
At:- Subhra Tower ,Hanuman Bazar,At/P.O/Dist.Angul.
- Divisional Manager, Cholamandalam Investment & Finance Co.Ltd
At:- Anapurna Complex,1st Floor,Leiwix,B.J.B Nagar,
Bhubaneswaer,Dist.Khurda.
- Head Office/Chairman,Cholamandalam Investment
& Finance Co.Ltd ,At-Dare House,1st Floor,2 N,S,C,
Bose Road,Chennai- 600001.
_______________________________________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.
The complainant /petitioner has filed this case with prayer to release the truck bearing No. OR 19L- 5611 in his zima by accepting the arear loan dues of the above vehicle.
2. The complainant’s case runs thus :-
That, the complainant had taken a loan from the opp.parties to purchase the above mentioned truck and the said loan along with interest total amounting to Rs. 23,00,000.00 was to be repaid to the opp.parties. According to the complainant he has repaid major portion of the loan amount but due to minor default in payment, the opp.parties had repossed the truck from the complainant in the month of May, 2012. On filing a Misc Case No. 18 of 2018, the seized truck was released in favour of the complainant and since then the complainant was plying the truck and repaying the loan, when the matter stood thus, on 12.-04-17 both parties had filed a settlement memo and today as per consent of both the parties the memo was taken up for hearing.
3. Although the opp.parties had contested the case by filing written version but subsequently during hearing they along with the complainant have filed settlement meo on 12.04.2017.
4. As per consent of both the parties vide Memo , the sentiment memo dt.12-04-2017 has been considered after hearing. Both the parties have agreed to close the case on the condition that the complainant shall pay Rs. 1,50,000.00 only to the opp.parties by that month out of which complainant had already paid Rs. 50,000..00 .Today in the memo both parties have agreed that complainant shall pay Rs. 1,00,000.00 to the opp.parties because out of the full and final settled amount the complainant has already paid Rs. 50,00,000.00 .Thus, it is clear that the opp.parties are willing to close the case on receipt of Rs. 1,00,000.00 .
5. Hence the order :-
: O R D E R :
The case is disposed of in presence of both the parties.
The complainant is directed to deposit Rs. 1,00,000.00 (Rupees One Lak) with the opp.parties within 30(thirty) days of getting this order. The opp.parties shall receive the amount from the complainant by issuing receipt and shall also issue NOC in favour of the complainant against this truck and loan within 30days of receipt of the cash.
Order delivered in the open forum today the18th December,2019 with hand and seal of this Forum.
Typed to my dictation
and corrected by me (Sri D. C. Mishra)
(Sri K.K.Mohanty ) President.
Member.
(Smt.S.Mallick)
Member.
