DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 103 OF 2016

Chandan Sharma ( 32 Years.),

S/O- Jogindra Sharma,

RO: Jamkani, Gumadera, PO/ PS: Belpahar,

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

Versus

1. 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,

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: 08.08.2017

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, he has purchased one ten wheeler truck bearing Regn. No. OR 04H 5252 which has been financed by the O.P which the complainant was liable to pay the loan amount of Rs.7,05,150/- only with interest in 43 nos. of installments started from dtd. 01.03.2013 to 01.09.2016. The complainant has paid Rs.10,19,962/- only as on 08.12.2016 and as per the statement of accounts the complainant is alleged to be defaulter of Rs.42,998/- only but the O.P is demanding Rs.1,03,150/- only. The complainant alleges unfair trade practice and filed this case.

The O.P. appeared through his counsel after being noticed and submitted his written version wherein it has been stated that the complainant is a defaulter in making payments of installments. The O.P submitted that, the complainant has taken loan to purchase a vehicle and availed loan of Rs. 7,05,150/- only by executing loan agreement bearing No. XSHUJRA00000890645.  The O.P. further submitted that the complainant has outstanding dues of Rs.1, 46,750/- only as on 22.12.2016 and filed a statement of accounts. There is no any deficiency in service and prayed for dismissal of the case.

Heard and perused the case record along with materials available. The complainant was financed a ten wheeler truck bearing Regn. No.OR 04H 5252 by the O.P for an amount of Rs.7,05,150/- only which was to be refunded in 43 numbers of monthly installments of Rs.24,720/- only started from dtd. 01.03.2013 to 01.09.2016.  As per the statement of accounts issued by O.P. dtd. 22.12.2016 the complainant has installment overdue of Rs. 42,998/- only and other over dues of Rs.1,03,752/- only i.e in total Rs.1,46,750/- only towards total outstanding dues as on date.

The said vehicle is in the possession of the complainant and the loan agreement period has already expired on dtd. 01.09.2016. The complainant has not cleared his outstanding dues within the period validity of agreement and as on dt.22.12.2016 he has outstanding dues of Rs.1,46,750/- only which the complainant is liable to pay.  

In the above observations there is no any merit found on the part of complainant hence the present case is dismissed with no costs.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 08^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 (W)               S.K.Ojha, Member               S. L. Behera President        

Dictated and corrected by me

      S. L. Behera President