DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 03 OF 2017

Salim Khan (32 Years),

S/O- Harun Khan,

R/O. Qr.No. CWS-19, Bandhbahal Colony,PO: Bandhbahal,

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

Versus

Branch Manager,

SREI Equipment Finance Limited,

Ainthapali,Sambalpur,

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

Counsel for the Parties:-

For the Complainant                                       Sri P.R.M. Rao, Adv. & Associates.

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

Date of Order: 29.08.2017

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, the complainant availed loan  of Rs.5,40,000/- only from the O.P. and purchased one second hand LPT truck bearing Regn. No.OR-09J-9707 which the complainant was liable to pay the loan amount with interest in 30 nos. of monthly installments started from June’2016 to Nov’2018. The complainant was paying the monthly installments regularly. Due to ill health and demonetization the complainant could not paid some of the installments and he is defaulted of Rs.1,15,689/- only and applicable OD charges.  The O.P. has seized the vehicle on dtd. 31.12.2016 without giving any notice or information to the complainant.  The O.P is demanding Rs.1,50,000/- only. The complainant filed this case to release his vehicle and arrange to pay Rs. 30,000/- only.

The O.P. appeared through his counsel after being noticed and submitted that they had preferred revision before Hon’ble State CDR Commission, Odisha,Cuttack bearing RP No. 08/2017.

Hon’ble State CDR Commission pleased to decide on the said revision petition on dtd. 31.05.2017 modifying the Misc Order of this Hon’ble Forum dtd.07.01.2017 held that “The petitioner is directed to handover the vehicle bearing Regn. OR-09J-9707 to the Opposite Party on receiving a sum of Rs.1,15,689/- from him within one month from the date of this order”.

The O.P filed his written version along with relevant documents and submitted that complainant is a defaulter in making payment of installments and the O.P send several notices demanding payments but the complainant did not take any action so the O.P has seized the vehicle by intimating to the IIC, Jharsuguda Town Police Station.  The complainant is liable to pay Rs.7,05,450/- only till the date of filing of written version. The O.P prayed for dismissal of the case.

Heard from both the parties and perused the case record along with materials available. The complainant has taken loan of Rs.5,88,349/- only which was to be paid in 30 nos. of monthly installments with interest started from 08.03.2016 to 08.09.2018.  The complainant failed to pay the installments in time where the O.P has seized the vehicle by issueing prior notices and intimating to the concerned police station on dtd. 31.12.2016. The complainant is in due of Rs.7,05,450/- only as on 04.01.2017.

As per the above observations, there is no deficiency in service found on the part of Opposite Party, hence the present case is dismiss with no costs.  

            Accordingly the present case is disposed of.

Order pronounced in the open court today the 29^th day of August’ 2017. Free copy of this order be communicated to the concerned 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.