Orissa

Jharsuguda

CC/122/2017

Prabash Kumar Patel S/O- Late Mahendra Kumar Patel - Complainant(s)

Versus

Branch Manager Hinduja Leyland Finance Ltd. Rarurkela Branch. - Opp.Party(s)

S.N. Naik

13 Aug 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO.122 OF 2017

 

Prabhas kumar Patel, (31 Years),

S/O- Late Mahendra Kumar Patel,

R/O: New Colony Mission Road, Dengibhadi, Sundargarh,

PO: Sundargarh, PS: Sundargarh Town,

Dist: Sundargarh, Odisha……………………………………….…………Complainant.

                                                 

Versus –

 

 

1. The Branch Manager

Hinduja Leyland Finance Limited,

Office at Plot No.306,1^st Floor behind Pani Market Complex,

Uditnagar, Rourkela, PO/PS- Uditnagar,

Dist – Sundargarh, PIN- 769012.

 

2. Proprietor,

LECTRONIC STOCK YARD,

At- Plot No.594, Tangarpali,

PO- Talpatia, PS/Dist- Jharsuguda, Odisha…….….……..….……..Opp. Parties.

 

Counsel for the Parties:-

For the Complainant                                  S.N.Naik, Adv. & Associates.

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

 

Date of Order: 13.08.2018

 

Present

                                       1. Shri Sundar Lal Behera, President.

                                       2. Shri Santosh Kumar Ojha, Member.

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

 

Shri Sundar Lal Behera, President :- Brief fact of the case is that, the complainant has availed loan  from the O.Ps. on execution of loan agreement to be repaid in monthly installments commencing from dt.01.07.2016 to dt.15.06.2020 against his vehicle NO. OH 15H-5644. The complainant has paid an amount of Rs.1,38,260/- only upto dated 04.09.2017.  The complainant alleges deficiency in service on the part of O.P saying that the O.Ps have seized the vehicle on dtd.24.09.2017 forcefully.  The complainant has also claimed the O.Ps. are demanding Rs.4,99,566/- only illegally.  On the other hand the O.P had reputing the allegations made in the complaint petition and submit that the complainant has taken loan of Rs.15,20,860/- only including interest and till June,2018 the complainant is in due of Rs.9,25,626/- only including interest and OD charges 

            On perusal of complaint petition, written version including available documentary evidence on record and after hearing from both the side it reveals that the dispute in between the complainant and O.P mainly rests on the dispute relating to account made in the statement of account furnished by the O.P. settled law is that the Forum cannot adjudicated any dispute relating account matter. To result the dispute in account matter the proper course is to approach to the civil court as has got the power to result such dispute.

            Therefore, we dismiss the complaint and the complainant is at liberty to raise his grievance before the civil court for proper adjudication, if he wishes.

            Accordingly, the complaint petition is dismissed.

            Accordingly the present complaint case is disposed of.

Order pronounced in the open court today the 13^th day of August’ 2018 and copy of this order shall be supplied to the parties as per rule. 

         I Agree.                           I Agree.                                                            

 

                                          

1. Nanda, Member(W)               S.K.Ojha, Member      S. L. Behera, President           

Dictated and corrected by me

 

     S. L. Behera, President