DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 64 OF 2015
Gourav Kumar Senapati (27 Yrs.),
S/O- Chakananda Senapati,
RO: Near Mamata Marbals, Cox Colony,
PO: Industrial Estate, Dist: Jharsuguda, Odisha………….…………Complainant.
Versus
- Branch Manager,
Shriram Transport Finance Co. Ltd.
2nd floor, Panigrahi Complex,
PO: Beheramal ,Jharsuguda,
PS/ Dist: Jharsuguda, Odisha.
- Branch Manager,
Shriram Transport Finance Co. Ltd.,
At: Ainthapali,
PO/PS/Dist: Sambalpur, Odisha……………..….….…..….…...Opp. Parties.
Counsel for the Parties:-
For the Complainant Abdul Zalil, Adv. & Associates.
For the Opp. Parties Shri N. Biswal ,Adv. & Associates.
Date of Order: 13.07.2016
Present
1. Shri S.L.Behera, President.
2. Shri S.K. Ojha, Member.
Shri S. L. Behera, President: - The brief facts of the complainant’s case is that, the complainant avail loan of Rs.5,20,000/- only from the O.Ps. and purchased one truck bearing Regn. No.OR-23A-4011 on which the complainant was to pay Rs.3,08,873/- only towards interest on the said loan. The complainant was liable to repay Rs.8,28,873/- only in total in 45 numbers of EMIs. started from dtd.20.05.2012 to 20.01.2016 amounting Rs.18,300/- only per month. Due to serious illness of complainant’s mother who was under treatment at Sundargarh from dtd. 15.12.2014 to 16.03.2015 the complainant could not paid some installments in time. As per the account statement of O.Ps. the complainant has paid 15 numbers of EMIs. amounting Rs.2,76,197/- only but the complainant has paid more than the said amount. The O.Ps. are illegally demanding Rs.3,06,279/- only and threaten to seize the vehicle, hence this case.
The O.Ps. appeared through their counsel after being noticed and submitted that the complainant is a defaulter in making payments of installments. The complainant had taken loan of Rs.5,20,000/- only against 45 numbers of EMIs. of Rs.18,300/- only each except the first of Rs.23,673/- only started from 20.05.2012 to 20.01.2016. Till the date of 01.12.2015 the complainant was to pay Rs.10,82,127.92P only. The O.P further submitted that the complainant has paid only 15 EMIs. against 38 nos. of EMIs. were due as on 24.08.2015 which clearly shows the cruel regularity of EMIs. repayments 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. The complainant was financed a truck bearing Regn. No.OR-23A-4011 by the O.Ps for an amount of Rs.5,20,000/- only which was to be refunded with interest in 45 numbers of monthly installments started from 20.05.2012 till the end of 20.01.2016. As per the statement of accounts issued by O.Ps. dtd. 01.12.2015 the complainant has paid Rs.2,76,197/- out of total outstanding dues of Rs.13,06,157.92P and the balance amount of Rs.10,82,127.92P only is still dues over the complainant to pay to the O.Ps.
In the above observations and analysis it is found that the said vehicle is in the possession of the complainant and he has outstanding dues of Rs.10,82,127.92P only and more till date which the complainant should repay the same within the time frame and in limelight there is no any deficiency found on the part of O.ps. Hence, we are in considered opinion to dismiss the case with no costs.
Accordingly the case is disposed of.
Order pronounced in the open court today the 13th 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.
