DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 65 OF 2015

Prasanta Kumar Pradhan,

S/O- Sarat Chandra Pradhan,

RO: Gomadera, PO/ PS: Belpahar,

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

Versus

1. Branch Manager,

Cholamandalam Investment &  Finance  Co. Ltd.,

Jharsuguda Branch, Priyanka Complex,

           BTM Chowk, Dist: Jharsuguda, Odisha.

2. Branch Manager,

Cholamandalam Investment &  Finance  Co. Ltd.,

Sambalpur Branch, Sarat Complex, Ainthapali,

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

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: 20.07.2016

Present

                                                                                     1. Shri S.L.Behera, President.

                                                                                    2. Shri S.K.Ojha, Member.

Shri S. L. Behera, President : - The brief facts of the case is that, the complainant has purchased one ten wheeler vehicle bearing Regn. No.OR-09-J-4522 which has been financed by the O.Ps. for an amount of Rs.7,05,150/- only  without interest and EMIs. was Rs.30,500/- only  which was to be repaid by the complainant in 31 numbers of EMIs. started from dtd. 01.12.2012 to dtd. 01.06.2015. There is outstanding dues of Rs.4,98,000/- only in respect of said vehicle due to the vehicle was under the custody of Deputy Director of mines for a period of 7 to 8 months.  The O.Ps. are demanding Rs.2,92,000/- only towards fines, penalty and OD charges without supplying any calculations, hence this case

The O.Ps. appeared through their 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.7,05,150/- only under loan agreement No. XSHUJRA00000847143. The said loan amount along with interest was to be refunded by the complainant in 31 monthly EMIs. @ 30,500/- per month.  The complainant has outstanding dues of Rs.7,96,498/- only in total upto dt.25.01.2016. The Deputy Director of Mines has seized the vehicle for illegal transportation of materials and with denying all the allegations imposed by the complainant, the O.Ps. have prayed for dismissal of the case.

On perusal of the complaint petition and written version files by the parties and after heard from concerned counsels for the parties. As per loan-cum-hypothecation agreement executed between complainant and O.Ps. dtd. 30.10.2012 the loan was sanctioned amounting Rs.7,05,150/- only.  As per the statement of accounts dtd. 25.01.2016 issued by the O.Ps.  the complainant was liable to pay Rs.7,96,498/- only including installment overdues and other charges.   

The complainant has taken loan of Rs.7,05,150/- only which was to be refunded on or before dtd. 01.06.2015 but on the date of 25.01.2016 the complainant has total outstanding dues of Rs.7,96,498/- only which clearly reflects the intention of complainant towards repayment. There is no any deficiency in service found on the part of O.Ps. as per the above mentioned observations , hence the complaint petition is hereby dismissed  with no costs.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 20^th day of July’ 2016 and copy of this order shall be supplied to the parties as per rule. 

                                                      I Agree.                                                                                                

                                            S.K.Ojha, Member                          S. L. Behera President                          

                            Dictated and corrected by me

                              S. L. Behera President