DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 57 OF 2016

Tapan Kanta Jena,

S/O: Sachida Nanda Jena,

RO: Gandhinagar, Belpahar, PO/PS: Belpahar,

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

Versus

1. Branch Manager,

Tata Motors Finance Ltd.,Sambalpur Branch,

Balaji Tower, 2^nd Floor, G.M.College Road, Sambalpur,

Dist: Sambalpur, Odisha.

2. Branch Manager,

Tata Motors Finance Ltd, Bhubaneswar Branch,

1^st Floor, Keshari Talkies, Kharvel Nagar,Bhubaneswar,

Dist: Khurda,Odisha ………………………………….………....……..…...Opp. Parties.

Counsel for the Parties:-

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

For the Opp. Parties                           Self.

Order dated-06.09.2017.

Present:- Shri Sundarlal Behera, President, Shri Santosh Kumar Ojha, Member, Smt. Anamika Nanda, Member(W).

Shri Sundarlal Behera, President : - The brief facts of the case is that, the complainant has purchased one vehicle bearing Regn. No.OD-15A-4093 which has been financed by the O.Ps for an amount of Rs.28,00,000/- only which was to be repaid by the complainant with interest in monthly installments. The EMIs. started on dtd.02.08.2013 and ends on dtd. 02.02.2018. The complainant has paid Rs.26,34,787/- only  till the date of filing of case and Rs.2,69,713/- only is outstanding but the O.P is demanding Rs.2,19,000/- only towards OD charges which is illegal.  The O.Ps have illegally seized the vehicle on dtd. 25.08.2016 without any information.  The complainant prayed for interim relief for releasing of his vehicle along with his complainant petition and relevant documents.

The O.Ps. appeared through their 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 of Rs28,00,000/- only under loan agreement bearing contract No. 5001288090. The due date starts from 02.08.2013 to 02.02.2018. The complainant has paid Rs. 26,34,787/- only but he is a defaulter of RS.10,11,193/- only towards installments due and Rs.4,19,418/- only towards late payment charges and other over dues and prayed for dismissal of the case.

Heard and perused the case record along with materials available. The complainant was financed one vehicle bearing Regn. No. OD-15A-4093 by the O.Ps for an amount of Rs. 28,00,000/- only which was to be refunded in 55 numbers of monthly installments started from dtd. 02.08.2013 to 02.02.2018. As per the statement of accounts issued by the O.ps. dtd. 09.08.2017 the complainant has over due installments of Rs.11,24,673/- only and net over due interest Rs.4,68,812/- only.  As per the petition of O.Ps. dtd. 28.08.2017 the complainant did not comply on the Misc Case order passed by this Hon’ble Forum dtd. 29.08.2016 till date.

As the complainant has not complied the misc case order dtd. 29.08.2016 and having outstanding dues of such a huge amount as stated above there is no merit found in this complaint case, hence the complaint petition is hereby dismissed with no costs.

Accordingly the present case is disposed of.

Order pronounced in the open court today on this the 06^th day of September’ 2017. Free copy of this order shall be communicated 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