DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 65 OF 2016

Rajesh Singh (31 Years),

S/O- Dasrath Singh,

RO: Hanuman Nagar, Lamtibahal,

PO/ PS: Brajrajnagar, 

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

Versus

Branch Manager,

INDUSIND BANK ( Consumer Finance Division),

Sambalpur OSS Branch, Sambalpur,

PS/ Dist: Sambalpur, Odisha………………………..….….…..….……....Opp. Party.

Counsel for the Parties:-

For the Complainant                                  Shri P.R.M.Rao, Adv. & Associates.

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

Date of Order: 17.01.2017

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 vehicle of Ashok Leyland 4019 IL bearing Regn. No.OD-23A-5865 which has been financed by the O.P for an amount of Rs.23,50,000/- only which the complainant was liable to pay the loan amount with interest in monthly installments within September ,2017. The complainant has paid Rs.28,50,000/- only as on August,2016, but the O.P is demanding unexpected amount without giving any calculation and threating to seize the vehicle, 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 taken loan to purchase of Ashok Leyland 4019 II  3300MM vehicle amounting Rs.23,50,000/- only who had to repay in 48 nos of monthly installments started from dt.17.10.2013 to 21.09.2017 .  The complainant has outstanding dues of Rs.8,54,929/- only in total till date of filing of written version.  The O.Ps. further submitted that the complainant has earlier filed an identical complaint case before this Hon’ble Forum vide C.C. Case No. 75 of 2015 regarding another commercial vehicle where the complainant filed false affidavit regarding earning livelihood by way of self employment  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 statement of accounts filed by the O.P. dtd. 07.12.2016 the complainant has availed financial help of Rs.23,50,000/- and interest thereon amounting Rs.7,07,820/- only from the O.P.  The complainant has loan outstanding Rs.8,54,929/- only till the date 07.12.2016. After filing of complaint the complainant availed relief for not to seize the vehicle until further order.  After filing of written version by the O.Ps. the fact of finance and repayment came to the front that the complainant has not paid Rs.8,54,929/- only including installment overdue and other over dues.   

As per the above observations and analysis there is no merit found on the part of complainant, hence we dismiss the present case with no costs. 

            Accordingly the case is disposed of.

Order pronounced in the open court today the 17^th   day of January’ 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