DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO.08 OF 2018

Bijay Ray( 31 Yrs.),

S/O- Late Arjun Prasad Ray,

RO: Gumadera, PO/ PS: Belpahar,

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

Versus

1. Branch Manager,

Magma Finance Corporation Ltd.,

Ainthapali, Sambalpur Branch.

2. Magma Finance Corporation Ltd.,

24 Park Street, Kokata-700 016…………....…….…..….….Opp. Parties.

Counsel for the Parties:-

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

For the Opp. Parties                              Self.(None)

Date of Order: 10.07.2018

Present

                                                                     1. Shri Sundar Lal Behera, President.

                                                                    2. Shri Santosh Kumar Ojha, Member.

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

Shri Sundar Lal Behera, President :- The brief facts of the complainant’s case is that, the complainant availed loan of Rs.6,10,000/- only from the O.Ps. including interest and purchased one heavy vehicle bearing Regn. No.CG-13A-9799 by executing an agreement which was to be returned from dtd.20.01.2017 to 20.10.2019 in monthly installments. The complainant has paid Rs.1,24,540/- only out of total outstanding dues but the O.P is demanding more amount from the actual dues and threating to seize the vehicle, hence this case.

The O.Ps. failed to appear after being noticed and filing of written version.

Both the parties have failed to attend the Forum after repeated calls.  This Forum proceeded to decide the case on merit as per law. The complainant had taken loan of Rs.6,10,000/- only from the O.Ps. and purchased one heavy vehicle

bearing Regn.  No.CG-13A-9799. The installment period started from 20.01.2017 to 20.10.2019 amounting Rs.17,370/- only per  month as per Appendix-1 issued by O.Ps.

This is a case of financing loan to the complainant for purchasing of vehicle where the complainant is also liable to refund the loan amount with interest alongwith other charges, if any, within the stipulated period of time i.e. on or before 20.10.2019. On allegation the O.Ps. kept silent which shows they have nothing to say in this case. Initially this Forum granted interim relief for not to seize the vehicle until further  order. The O.Ps. are also eligible to get their dues amount from the complainant. 

In the above observations we are in considered opinion to allow partly the complaint case with directions to the O.Ps to issue afresh statement of accounts indicating proper calculations of loan amount in favour of the complainant and receive the outstanding dues amount from the complainant.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 10^th day of July’ 2018. 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