DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 98 OF 2016

Satya Ranjan Sahoo,

S/O- Shashi Bhusan Sahoo,

RO: Gumadera, PO/ PS: Belpahar,

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

Versus

1. Branch Manager,

Magma FINCO.  Ltd.,Jharsuguda Branch,

Bombay Chowk, Jharsuguda,

Dist: Jharsuguda, Odisha...………………………..….…....…….…...Opp. Party.

Counsel for the Parties:-

For the Complainant                                   Sri P.R. Singhdeo, Adv. & Associates.

For the Opp. Party                            Sri A.K. Mishra, Adv. &  Associates.

Date of Order: 09.08.2017

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 3864 which has been financed by the O.P which the complainant was liable to pay the loan amount of Rs.12,23,801/- only with interest in 47 nos. of installments started from dtd. 10.12.2012 to 12.11.2016. The complainant has paid Rs.11,26,066/- only till the date of filing of case. The complainant has outstanding dues of 04(four) nos. of EMIs. amounting Rs.26,183/- only per month but the O.P is demanding Rs.2,19,500/- 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. 12,23,801/- only by executing loan agreement bearing No. PG/ 0195/ R/11/ 000104 dtd. 10.11.2012. The O.P. further submitted that an arbitration award has been passed by the Sole Arbitrator on dtd. 24.04.2015 in favour of the O.P on reach an execution case has been filed before Hon’ble District Judge, Jharsuguda bearing EP Case No. 190/2015.  After receiving the summon the complainant rushed to this Hon’ble Forum by suppressing the material facts and obtained an ex-parte interim order. 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 3864 by the O.P for an amount of Rs. 12,23,801/- only which was to be refunded in 47 numbers of monthly installments started from dtd. 10.12.2012 to 10.10.2016. On perusal of record Arbitration Clause has been found that an arbitration award was passed by a sole arbitrator before filing of this case i.e. on dtd. 24.04.2015 against which the O.P has filed an execution case before the Hon’ble District Judge, Jharsuguda bearing EP Case No. 190/2015.

In this case, matter of  complaint has been decided and awarded by Arbitrator and Execution proceeding is pending before proper court of law, this Hon’ble Forum is bind its hands on deciding the same, hence the complaint petition is hereby dismissed with no costs.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 09^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