DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 16 OF 2017
Keshaba Rohidas (42 Years),
S/O- Gulu Rohidas,
RO: Tumbekela, PO: Hirma, Ps: Badmal,
Dist: Jharsuguda,Odisha…………………………..…….…………Complainant.
Versus
Branch Manager,
SREI Equipment Finance Ltd.,
At/PO/PS: Ainthapali,
Dist: Sambalpur, Odisha………………………..….….…..….……....Opp. Party.
Counsel for the Parties:-
For the Complainant Sri M.Sinha, Adv. & Associates.
For the Opp. Party Sri K.C. Agrawal, Adv. & Associates.
Date of Order: 21.08.2017
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 KOBELKO which has been financed by the O.P for an amount of Rs.56,50,000/- only which the complainant was liable to pay the loan amount with interest in monthly installments within June’ 2017. The complainant has paid Rs.51,25,750/- only till the filing of case. The O.P has not furnish copy of agreement or any account statement to the complainant for which the complainant is not able to know the exact rate of interest calculated by the O.P, hence 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 further submitted that the complainant has possess two numbers of heavy commercial vehicle bearing Regn. No. OR-15A-4766 and OSS-0128 besides that he is the proprietor of Mrs. Sapna Builders and Suppliers and having manufacturing units of fly ash bricks and associated with various sites of private projects works, transporting business, equipment hiring business, contract works under govt. department, ‘A’ class P.W.D contract License holder. The complainant has taken loan to purchase KOBELKO HYDRAULIC EXEAVATOR of Rs.56,50,000/- only which was to be refunded in 44 nos. of EMIs. within 22.05.2017 and have dues of Rs.11,83,946/- only up to November’2016. As per the terms of agreement the O.P send repossession notice dtd. 14.12.2016 and denied any deficiency of service and prayed for dismissal of the case.
Heard and perused the case record along with materials available. The O.P has filed registration certificate of vehicle bearing registration. OR-15A-4766, OSS-0128 (Tanker), copy of P.W.D contractor’s registration certificates Odisha state, Entrepreneur certificate issued by DIC, Jharsuguda and also filed several contract documents of various industrial units. All the said documents are in the name of complainant and Mrs. Sapna Builders and Suppliers of which the complainant is the sole proprietor. As the complainant is an entrepreneur having several types of business units has taken financial facilities to run his business smoothly but the complainant is also liable to repay the loan amount within the stipulated period of time. Such financial facilities has taken not to maintain his livelihood by means of self- employment but to run and expand business work smoothly.
In view of aforesaid observations and analysis, we come to conclusion that, the complainant is not coming under the purview of Consumer Protection Act,1986. Hence the present case is dismiss with no costs to either parties.
Accordingly the case is disposed of.
Order pronounced in the open court today the 21st 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
