DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 86 OF 2016

Brajesh Biswakarma( 38 Years),

S/O- Late Ambika Biswakarma,

RO: Junadihi, PO/PS: Belpahar,

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

Versus

Branch Manager,

Cholamandalam Investment and Finance Co. Ltd.,Jharsuguda Branch,

At: Nisha Tower, 2^nd Floor, Biju Nagar,

Infront of Ujjawal Bajaj, Near Bombay Chowk,

PO: Industrial Estate,

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

Counsel for the Parties:-

For the Complainant                                  Sri Abdul Zalil,Adv. & Associates.

For the Opp. Party                                   Sri A.K.Sahoo,Adv. & Associates.

Date of Order: 16.08.2017

Present

                                                                                    1. Shri S.L.Behera, President.

                                                                                    2. Shri S.K. Ojha, Member.

                                                                                   3. Smt. A. Nanda, Member (W).

Shri S. L. Behera, President: - The brief facts of the complainant’s case is that, the complainant avail loan of Rs.6,35,150/- only excluding interest from the O.P. and purchased one vehicle bearing Regn. No.OR-15K-4603 which was to be returned with interest in 43 nos. of EMIs. started from 01.07.2013 to 01.01.2017. The complainant has paid more than Rs.8,47,020/- only and he is required to pay Rs.1,11,450/- only but the O.P is demanding Rs.2,00,000/- only and threatening to seize the vehicle, hence this case,

The O.P. appeared through his counsel after being noticed and submitted that the complainant is a defaulter in making payments of installments. The O.P submitted that the complainant has availed loan of Rs.6,35,150/- only which was to be repaid with interest in 43 nos. of EMIs. of Rs.22,290/- only started from 01.07.2013 to 01.01.2017. The O.P filed copy of loan agreement, proposal form and statement of accounts dtd. 13.12.2016. The O.P denied all the allegations imposed by the complainant and prayed for dismissal of the case.

Heard and perused the case record along with materials available. The complainant was financed a vehicle bearing Regn. No. OR-15K-4603 by the O.P for an amount of Rs.6,35,150/- only which was to be refunded in 43 numbers of monthly installments with interest started from 01.07.2013 to 01.01.2017.  As per the statement of accounts issued by O.P. dtd. 13.12.2016 the complainant was liable to pay Rs.3,01,665/- only towards net receivable. The contract of loan ends on 01.01.2017.

The said vehicle is in the possession of the complainant and as per the statement of account the complainant is paying the monthly installments time to time (not regularly).  It reveals that the complainant is interested to clear the dues.  

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 amount from the complainant.

            Accordingly the present complaint case is disposed of.

Order pronounced in the open court today the 16^th day of August’ 2017 and copy of this order shall be supplied to the parties as per rule. 

          I Agree.                           I Agree.                                                                                             

        A.Nanda, Member             S.K.Ojha, Member            S. L. Behera, President                 

Dictated and corrected by me

      S. L. Behera, President.