DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 79 OF 2016

Kamalini Naik( 26 Years),

D/O- Late krushna Chandra Naik,

RO: Qr. No. KD/111 , Kalinagar, PO: Brajrajnagar,PS: Orient,

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

Versus

1. Branch Manager,

Srei Equipment Ltd.,Ainthapali,Sambalpur,

PO/PS/Dist: Sambalpur, Odisha………………….……………....……..…...Opp. Party.

Counsel for the Parties:-

For the Complainant                           Shri S.P.Ray, Adv. & Associates.

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

Date of Order: 30.01.2017

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 case is that, the complainant has purchased one vehicle bearing Regn. No.OR-16-B-7273 which has been financed by the O.P for an amount of Rs.5,65,000/- only in the month of December,2014 by executing a loan agreement  vide Loan No. C-74720 which the complainant was liable to repay the loan amount with interest within December,2017. The complainant has paid more than Rs.4,00,000/- only up to September,2016 and has to pay around Rs.3,20,000/- only within December,2017. The complainant is interested to clear all the dues and wanted to know his actual dues with up to date account statement and a copy of agreement but the O.P is not proving the same and demanding Rs.4,50,000/- only extra apart from the future installments and threating to seize the vehicle, hence this case.  The complainant prayed for interim relief for not to seize his vehicle along with his complainant petition and relevant documents.

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. further submitted that the complainant has taken loan of Rs.5,62,000/- only under loan agreement bearing contract No. 74720  dtd.30.11.2014. The due date starts from 22.12.2014 to 22.10.2017. The complainant was liable to pay the loan amount with interest in 35 numbers of equal monthly installments of Rs. 21,332/- only per month on 22^nd day of every month.  The O.P sent several demand notices to clear outstanding dues and several repossession notices but the complainant did not pay any

heed.  Lastly the O.P. sent repossession notice on dtd. 15.03.2016 demanded Rs.1,56,635/- only calculated till February,2017.  Up to dated 31.10.2016 the pending outstanding is Rs.2,95,513/- only including overdue installments and charges.  The O.P. prayed that the case is not maintainable as such the interim order passed by Hon’ble Forum dtd. 22.10.2016 may kindly be vacated and prayed for dismissal of the case by filing several citations along with relevant documents.

Heard from both the parties. The complainant files several copies of Money Receipts Registration Certificate, cover note and the O.P has filed a copy of agreement with repayment schedule, account statement and several notices issued to the complainant dtd. 19,09,2015, dt.14.10.2015 and dt.15.03.2016. The O.P, has complied the Misc Case Order passed by this Hon’ble Forum dtd.22.10.2016. As per the statement of accounts dtd.31.10.2016 the complainant has outstanding dues of Rs.2,95,513/- only excluding the future installments .

On the above mentioned facts and circumstance the complainant is paying the dues amount and interested to clear all the dues of the O.P. on or before the loan agreement period as per his actual dues as per agreement executed between the parties but the O.P put in dark by not issuing the actual account statement and copy of agreement. Hence the complaint petition is allowed partly with direction to the O.P. to issue afresh statement of accounts and a copy of loan agreement in favour of the complainant. The Misc Case order passed by this Hon’ble Forum bearing No. 22 of 2016 dtd.22.10.2016 is hereby vacated.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 30^th day of January’ 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