DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 54 OF 2016

Athar Nawaz ( 43 Years.),

S/O- Late Zamiruddin,

RO: Rahmatnagar, PO/ PS: Belpahar,

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

Versus

Branch Manager,

SREI Equipment Finance Ltd.,

At/PO/PS: Ainthapali,

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

Counsel for the Parties:-

For the Complainant                           Sri Abdul Zalil, Adv. & Associates.

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

Date of Order: 30.10.2017

Present

                                                                              1. Shri Sundar Lal Behera, President.

                                                                              2. Shri Santosh Kumar Ojha, Member.

                                                                             3. Smt. Anamika Nanda, Member(W).

Shri S. L. Behera, President : - The brief facts of the complainant’s case is that, he has purchased one vehicle TATA Trailer LPS 40-18 TC bearing Regn. No. OD 16 5040 which has been financed by the O.P which the complainant was liable to pay the loan amount of Rs.27,00,000/- only excluding interest in 47nos. of installments started from dtd. 03.07.2013 to 03.06.2017. The complainant has paid Rs.26,46,446/- only  till filing of the case.  The complainant is interested to clear his dues but the O.P is not furnishing any statement of account and the O.P is demanding Rs.3,73,800/- only without any calculation, 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 submitted that, the complainant has taken loan to purchase a vehicle and availed loan of Rs. 27,00,000/- only by executing loan- Cum-hypothecation agreement bearing Contract No. 43967 dtd.29.06.2013.

The O.P. further submitted that the complainant has outstanding dues of              Rs.6,39,737/- only as on dtd. 12.08.2016 and filed various documents. 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 vehicle TATA Trailer LPS 40-18 TC bearing Regn. No. OD 16 5040  by the O.P for an amount of Rs.27,00,000/- only which was to be refunded with interest of Rs.6,60,128/- only i.e. Rs. 33,60,128/- only in total in 47 Nos. of EMIs. started from dt.22.08.2013 to 22.05.2017. As per the documents filed by the O.P it reveals that the complainant is the owner of five numbers of more heavy vehicles bearing Regn. Nos. OR16D-9815, OR16C-0740, OR 16D-2580, OR 23E-3840 and OR 16B-6440 which are financed by different finance companies along with the O.P. The O.P filed a copy of citations of Hon’ble National CDRC commission, New Delhi reported in 2013(2) CPR-548(NC) between Mrs. IndusInd Bank Ltd. Vrs. Shri Avtar Singh where in it has held that “commercial users cannot maintain consumer complaint”.

As per the submission of O.P it is cleared that the complainant has possessed several commercial vehicles which does not satisfy the provision u/s 2(1) (d) of the Consumer Protection Act, 1986.

In the above observations there is no any merit found on the part of complainant hence the present case is dismissed with no costs.

Accordingly the case is disposed of.

Order pronounced in the open court today the 30^th day of October’ 2017. Free 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