DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 41 OF 2016

Atish Ranjan Naik,

S/O- Pabitra Naik,

RO: Qr. No. B/54, G.M.Complex, PS: Brajrajnagar,

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

Versus

1. Branch Manager, Head Office,

Diamler Financial Services India Pvt. Ltd.,

Unit 202, 2^nd Floor, Campus 3 B,

RMZ Millennia Business Park, 143 Dr, MGR Road,

Perugudi, Chennai- 600096.

Beheramal Road, PS/Dist: Jharsuguda, Odisha.

2. Branch Manager, Bhubaneswar Branch,

Diamler Financial Services India Pvt. Ltd,

Plot No. 1322/4445 Gobind Prasad, Santinagar,

Jharpada, Bhubaneswar………………………….……………....….…...Opp. Parties.

Counsel for the Parties:-

For the Complainant                           Shri S.N.Pasayat, Adv. & Associates.

For the Opp. Party                              Shri N. Biswal, Adv. & Associates.

Date of Order: 29.12.2016

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 vehicle bearing Regn. No.OD-23-B-3109 which has been financed by the O.Ps for an amount of Rs.23,73,139/- only by executing a loan agreement  which the complainant was liable to repay the loan amount with interest with in dtd. 01.09.2019. The complainant has paid more than Rs.7,83,048/- only as on filing of case. The complainant has defaulted only 5 installments which are not consecutive months. The O.Ps seized the vehicle of the complainant on dtd. 06-05-2016 illegally to collect money by creating pressure on the complainant and demanding unexpected amount without showing any calculation.

The O.P.No.1 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.No.1 further submitted that the complainant has taken loan of Rs.23,73,139/- only under loan agreement bearing No. 20110413 dtd.01.10.2014. The complainant was liable to pay the loan amount with interest amounting Rs.32,44,056/- only in 58 numbers of equal monthly installments of Rs. 55,932/- only started from dtd. 01.11.2014 to 01.09.2019.  The  O.P. No.1 further stated that the O.P.No.2 is not the branch office of O.P. No.1. The complainant has violated the order of this Hon’ble Forum by not approaching the O.P.No.1 to release the vehicle by paying Rs.2,00,000/- only as an Interim Order passed on dtd. 28.06.2016. Denying all the allegations imposed by the complainant, the O.P.No.1 prayed for dismissal of the case. The Registered AD notice send to the O.P.No.2 returned back with endorsement, ‘no such addressee in the plot’.

On perusal of the complaint petition and written version files by the parties and after heard from concerned counsels for the parties it is found that, the loan-cum-hypothecation agreement executed between complainant and O.P. No.1  dtd. 01.10.2014 the loan amount sanctioned was Rs.23,73,139/- only and the rate of interest was @ 13% p.a.  The outstanding amount which was to be repaid by the complainant in 58 nos. of installments.  As per the Statement of Account filed by the O.P.No.1, dtd. 08.09.2016 the complainant has paid 13 installments, 46 installments unpaid, total installments overdue -7, Billed installments amount- Rs.10,62,708/- only, settled installment amount Rs.7,09,564/- only, balance installment amount 3,53,144/- only, total dishonor fee outstanding Rs. 7,989/- only and total overdue outstanding Amount Rs. 44,135/- only.

On the above mentioned facts and circumstance the complainant has not complied as per the interim order passed by this Hon’ble forum to release his vehicle. However the complainant is interested to clear all the dues of the O.P.No.1, this Hon’ble forum intended to allow partly the complaint case with direction to the O.P.No.1 to issue afresh statement of accounts in favour of the complainant as per loan agreement executed and release the vehicle of the complainant by receiving the current outstanding dues amounts from the complainant.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 29^th day of December’ 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