DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO.118 OF 2017

Raghunandan Behera(51Yrs.),

S/O- Loknath Behera,  

RO/PO/PS: Katarbaga, Via- Rengali,

Dist: Sambalpur,Odisha…………………………….……….…………Complainant.

Versus

1. Branch Manager,

IndusInd Bank Ltd, Sambalpur,

At: Budharaja,

PO/PS/Dist: Sambalpur.

2. Branch Manager,

IndusInd Bank Ltd, Jharsuguda,

At: Kishan Chowk,Beheramal, PO: Industrial Estate,

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

Counsel for the Parties:-

For the Complainant                                S.K.Das, Advocate.

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

Date of Order: 04.09.2018

Present

                                                                             1. Shri Santosh Kumar Ojha, Member.

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

Shri Santosh Kumar Ojha, Member: - Brief fact of the case is that, the complainant has availed loan of Rs.28,60,620/- only from the O.Ps on execution of loan agreement on dtd.02.02.2016 to be repaid in 59 nos. of monthly installments with interest against his vehicle NO. OD-23D-0697. The complainant was liable to pay the loan amount with interest in monthly installments started from dt.07.04.2016 to 07.12.2020. The O.Ps. without following the guidelines of Reserve Bank of India repossessed the vehicle on dt.04.08.2017 which was released on payment of Rs.2,37,000/- only on dtd. 29.08.2017. The complainant has paid Rs.13,56,129/- only against due of Rs.14,25,537/- only as on date of filing the case and overdue of Rs.69,408/- only is payable.  On illegal repossession of the vehicle by the O.Ps. the complainant alleging deficiency in service and filed this case.

 The O.Ps. after appearance submitted that the loan amount was payable in 60 nos. of monthly installments started from dt.07.03.2016 to 07.12.2020 till the date of version the complainant has outstanding dues of Rs.2,05,484/- only.  The matter of dispute has been referred to an arbitrator which is sub-judice and further submitted that there is one another complaint case filed by the complainant bearing C.C.Case No.120 of 2017 in this Hon’ble Forum.  On the above ground the case is not maintainable and it liable to be dismissed.

On perusal of complaint petition, written version including available documentary evidence on record and after hearing it reveals that the complainant has taken loan of Rs.28,60,620/- only against purchasing of one vehicle Bharat Benz3723 bearing Regn. No. OD-23D-0697 on which agreement value was Rs.39,03,121/- only including interest and charges.  The contract period started from 02.02.2016 to 07.12.2020.  The complainant has filed various documents related to the other vehicles registered in his name having different outstanding amounts so also related to seizure of vehicle.

This dispute in between the complainant and O.Ps mainly rests on the dispute relating to accounts made in the statement of account furnished. The matter of dispute related to accounts, this Hon’ble Forum bind its hands on proper adjudication which can be decided in the proper court of law.

            On the above facts and circumstances, the case is hereby dismissed with liberty to the complainant to place his grievance before the proper court of law for adjudication.

            Accordingly the present complaint case is disposed of.

Order pronounced in the open court today the 4^th day of September’ 2018.Free copy of this order shall be supplied to the parties as per rule. 

                                                                      I Agree                                                                                                                

                                                             A.Nanda, Member(W)                              S.K.Ojha, Member           

  Dictated and corrected by me

S.K.Ojha, Member