Orissa

Jharsuguda

cc/45/2014

Prasanna Kumar Pattanaik - Complainant(s)

Versus

Branch Manager TATA Motars Finance Ltd - Opp.Party(s)

P.R.Singh Deo,

16 Feb 2015

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 45 OF 2014

 

Prasanna Kumar Pattanaik (36 Yrs),

S/O- Late Gopendra Pattanaik,

RO: Gumadera (Malipara), 

PO/PS: Belpahar, Dist: Jharsuguda,Odisha………….………………Complainant.

      

                                           

Versus

 

The Branch Manager,

Tata Motors Finance Ltd.,

Sambalpur Branch, Balaji Tower 2^nd Floor,

Infront of Diamond Laundry,

G.M.College Road, Dist: Sambalpur, Odisha.………...….…....….…...Opp. Party.

 

Counsel for the Parties:-

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

For the Opp. Party                                   Shri A.K.Sahoo, Adv. Associates.

 

Date of Order: 16.02.2015

 

Present

 

                                            1. Shri S.L.Behera, President.

                                            2. Shri S.K. Ojha, Sr. Member.

                                            3. Smt. A. Nanda, Member.

 

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-23E-9213 which has been financed by the O.P for an amount of Rs.15,90,516/- only without interest. The complainant was liable to pay the loan amount in 44 nos. of regular monthly installments. The complainant has paid Rs.11,50,000/- only till the date of filing.  The complainant could not be able to pay some of the installments due to burden of education expenditure of two sons and one brother which is the engineering student. The O.P. is demanding Rs.2,74,728/- only towards overdue charges illegally and threatening the complainant to seize his vehicle, hence this case.

The O.P. appeared through their counsel after being noticed and submitted through a preliminary objection that the complainant is a defaulter in making payments of installments and he has outstanding dues of Rs.4,40,408/- only excluding Rs.1,99,235/- only towards other charges upto dated 10.11.2014 and with denying all the allegations imposed by the complainant, the O.P has prayed for dismissal of the case.

Heard and perused the case record along with materials available.  As per the Repayment Schedule filed by the complainant the loan contract date started from 30.10.2011 to 02.08.2015.  As per the submission of O.P through preliminary objection petition the complainant is liable to pay of Rs.4,40,408/- only excluding Rs.1,99,235/- only towards other charges upto dated 10.11.2014 but failed to file any statement of accounts reflecting the actual outstanding dues on complainant.  On the date of order the complainant filed a petition stating that the O.P has seized the said vehicle of complainant since dtd. 18.01.2015 and demanding more outstanding dues.  The complainant is ready to pay Rs.3,00,000/- only to the O.P in respect of releasing of his said vehicle and the balance outstanding dues will pay in installments with his regular EMIs. 

As the O.P failed to file the statement of accounts showing the actual outstanding dues on the complainant and submitted merely by writing in his written version, it is hard to know the actual outstanding dues. Subsequently the complainant is ready to pay Rs.3,00,000/- only towards releasing of his vehicle. 

In the above observations and analysis, we are in considered opinion to allow the complainant petition by directing the O.P to release the vehicle of the complainant bearing Regn. No. OR-23E-9213 in favour of the complainant by receiving Rs.3,00,000/- ( Rupees three lakhs ) only from the complainant after issuing afresh statement of accounts within 15 (fifteen) days from the date of receipt of this order and  the balance outstanding dues shall be received in 05 (five) nos. of equal monthly installments along with regular further EMIs. No costs to either of the parties.  

            Accordingly the case is disposed of.

Order pronounced in the open court today the 16^th   day of February’ 2015 and copy of this order shall be supplied to the parties as per rule.              

                                                                 I Agree.                         I Agree                                                                                         

                                         

                                                    S.K.Ojha, Sr.Member        A.Nanda, Member (W)         S. L. BeheraPresident                 

                                                       Dictated and corrected by me

 

                                                          S. L. Behera, President.