Orissa

Jharsuguda

CC/78/2017

Guru prasad Satpathy S/O- Late Pramod Kumar Sathpathy - Complainant(s)

Versus

Branch Manager INDUSIND BANK Ltd. - Opp.Party(s)

Pram kumar

08 Jan 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO.78 OF 2017

Guru Prasad Satpathy ( 35 Yrs.),

S/O- Late Pramod Kumar Satpathy,

RO/PO: Sankara, PS: Town,

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

                                                 

Versus

 

Branch Manager, Indusind Bank Ltd.,

At: Budharaja, PS/Dist: Sambalpur, Odisha……....……..…..….……..Opp. Party.

 

 

Counsel for the Parties:-

For the Complainant                                P.C. Aaind, Adv. & Associates.

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

 

 

Date of Order: 08.01.2018

 

Present

                                                                   1. Shri Sundar Lal Behera, President.

                                                                   2. Shri Santosh Kumar Ojha, Member.

 

Shri S. L. Behera, President: - The brief facts of the complainant’s case is that, the complainant avail loan from the O.P. on dtd. 22.10.2015 and purchased one truck bearing Regn. No.OD-16B-4055 which was to be returned with interest in 48 nos. of monthly installments. The complainant was paying the monthly installment regularly and has paid Rs.23,08,755/- only  but could not paid two numbers of installments in time. The complainant is ready to clear all the dues but the O.P. is 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 filed an objection to the petition U/s- 13(3B) on the ground that there has already been passed 45 days from the date of interim order and the interim order now became infectious and orally submitted that the said petition may be treated as written version. The O.P further filed a copy of arbitral award passed dtd.24.11.2017. 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. As per the Arbitral Award passed dtd. 24.11.2017 the complainant was financed a vehicle bearing Regn. No.OD-16B-4055 by the O.P. for amount of Rs.24,91,360/- only excluding interest having agreement value of Rs. 34,04,816/- only  which was to be repaid by the complainant in 45 numbers of monthly installments. On the day dtd. 24.11.2017 the complainant was liable to pay Rs. 22,78,938/- only. The said vehicle is in the possession of the complainant.  

In the above observation there is no any merit found on part of complaint petition. Hence, we are in considered opinion to dismiss the case with no any costs.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 08^th day of January’ 2018 and copy of this order shall be supplied to the parties as per rule.

 

          I Agree                                                                                                               

                                         

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

Dictated and corrected by me

 

      S. L. Behera, President.