DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 81 OF 2017

Rinku Maharana ( 25 Yrs.),

S/O- Daitari Maharana,

AT/PO: Jorabaga, PS: Belpahar,

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

Versus

1. Branch Manager,

Mahindra & Mahindra Financial Services,

Sambalpur Branch,

1^st Floor, Sabat Tower, NH-6, Nr. Hotel Kaveri,

Ainthapali, Dist- Sambalpur, Odisha.

2. Regional Manager,

Mahindra & Mahindra Financial Services,

Regional Office,

Sadhana House, 2^nd Floor, 572 P.V. Marg,

Worli, Mumbai – 400018.……………….…....…….…..…….……..Opp. Parties.

Counsel for the Parties:-

For the Complainant                                P.R. Singh Deo, Adv. & Associates.

For the Opp. Party                                  None (Ex-parte)

Date of Order: 29.03.2018

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.4,86,895/- only from the O.Ps and purchased one four wheeler Maruti ERTIGA VDI vehicle bearing Regn. No.OD-23C-1849 which was to be returned with interest in monthly installments started from dtd. 04.07.2015 to 05.05.2020. The complainant has paid more than Rs.3,67,649/- only out of total outstanding dues of Rs. 4,86,895/- only and Rs. 1,19,246/- only is outstanding. The complainant is ready to pay the dues amount to the O.Ps but the O.Ps are demanding Rs.3,41,862/-  only without showing any proper calculation and seized the vehicle illegally on dtd. 25.07.2017, hence this case.

After being noticed the O.Ps failed to appear and filling of their written version even after providing sufficient opportunities and stand ex-parte.

Heard from the complainant gone through the case record. The complainant filed a Misc Case petition alongwith the complaint petition which was allowed and pleased to pass an Interim order for releasing of vehicle in favour of the complainant on payment of Rs. 60,000/- only. The O.Ps have complied the said Misc. Case order bearing No. 47 of 2017 dtd. 27.07.2017 but failed to appear in the forum.

The said vehicle is in the possession of the complainant and as per the statement of accounts the loan period will expire on dt.05.05.2020. The complainant is ready to clear all the outstanding dues where the O.Ps are also entitled.

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 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 29^th day of March’ 2018 and copy of this order shall be supplied to the parties as per rule. 

           I Agree,                          I Agree,                                                                                     

         S.K.Ojha, Member         A.Nanda, Member(W)          S.L.Behera, President

Dictated and corrected by me

                                              S.L.Behera, President