DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 44 OF 2017
Shiba Kumar Yadav (39 yrs),
S/O. Balmiki Yadav,
R/O- Chaukipada,
PO/PS/Dist: Jharsuguda, Odisha.……….…….……………..………Complainant.
Versus
- Branch Manager,
Magma Fincorp Ltd.,
At- Main Road, Beheramal, Chowk, Jharsuguda,
PO/PS/Dist: Jharsuguda,Odisha- 768203.
- Officer-In-Charge,
Magma Fincorp Ltd.,
AT- Regd. Office: 24, Park Street,
Kolkata, West Bengal, PIN-7000161..…..………….……..Opp. Parties
.
Counsel for the Parties:-
For the Complainant Abdul Zalil, Adv. & Associates.
For the Opp. Parties Shri A.K.Mishra, Advocate.
Present:- Shri Sundarlal Behera, President, Shri Santosh Kumar Ojha, Member, Smt. Anamika Nanda, Member(W).
Order dated 17.10.2017, Shri Sundarlal Behera, President.
The brief facts of the complainant’s case is that, the complainant availed loan of Rs.6,20,000/- only from the O.Ps. and purchased one truck bearing Regn. No. OR-15-L-3525 h was to be returned with interest amounting Rs. 10,04,624/- only. The said loan amount was to retuned to the O.Ps in installments started from dtd. 01.02.2013 to 01.11.2016. The complainant has paid Rs.9,96,979/- only as on dtd. 05.12.2016 but the O.P is demanding Rs.1,55,547/- only illegally, 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. 6,20,000/- only which was to be repaid with interest amounting Rs.10,04,624/- only. The O.Ps filed statement of accounts and a copy of arbitral award alongwith several citations. The O.Ps 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. No. OR-15-L-3525 by the O.Ps. for an amount of Rs. 6,20,000/- only which was to be refunded with interest amounting Rs. 10,04,624/- only in monthly installments. One arbitral award was passed against the complainant on dtd. 30.10.2015 prior to filing of the case.
As an arbitral award has been passed against the complainant on the same matter prior to filing of the case ,thus this Hon’ble Forum bind its hands to decide the matter, hence the present case is hereby dismissed with no costs.
Accordingly the present complaint case is disposed of.
Order pronounced in the open court today the 17th day of October’ 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.
