Orissa

Jharsuguda

CC/46/2016

Mr.Jayprakash Saha S/O MR.Ramadeb Saha - Complainant(s)

Versus

Branch Manager,TATA MOTARS FINANCE LIMITED - Opp.Party(s)

Sunil Kumar Sahu

16 Feb 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 46 OF 2016

 

Jayprakash Saha, (50 yrs)

S/O- Ramadeb Saha,

RO: At- Gumadera,

PO/PS: Belpahar,  Dist: Jharsuguda,Odisha………..…………Complainant.

                                                 

Versus

 

1. Branch Manager,

Tata Motors Finance Ltd.,  Aithapali Road,

Dist: Sambalpur, Odisha.

 

2. Tata Motors Finance Ltd.,

I-Think Techno Campus Building A

2^nd Floor, Off Pokhran Road 2,

Thane West 400601 (Mumbai).…...…….…..…….……..Opp. Parties.

 

Counsel for the Parties:-

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

For the Opp. Paries                                 A.K.Sahoo,Adv. & Associates.

 

Date of Order: 16.02.2018

 

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 avail loan of Rs.27,00,000/- only plus interest from the O.Ps. and purchased one vehicle bearing Regn. No.OD-23-7585 which was to be returned with interest within 15.12.2017 in monthly installments. The complainant was paying the monthly installment regularly but the O.Ps are demanding Rs.8,00,000/- only illegally and threating 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 is liable to pay Rs.4,18,965/- only towards overdue installment and Rs.2,04,750/-only towards Net overdue interest  upto 25.01.2017 and denied all the allegations imposed by the complainant, prayed for dismissal of the case.

Heard and perused the case record along with materials available. As per the statement of account issued by the O.Ps dtd. 25.01.2017  the complainant had taken loan of Rs.27,00,000/- only and including all charges the contract value was Rs.36,45,000/- only out of which the complainant has paid Rs.2,19,870/- only.  The complainant had overdue installment till that date was Rs.27,53,035/- only.  The instalment started from 15.06.2013 to 15.12.2017.

As the complainant was paying the installments to the O.Ps. and he is agreed to clear all the dues. The period of agreement has already expired on 15.12.2017. In the other hand the O.Ps. are also entitled to get the dues amounts.

On the above observations there is no any merit found on the part of the complaint petition. Hence the case is dismissed with no costs.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 16^th day of February’ 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.K.Ojha, Member