DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 104 OF 2016

Sanjay Kumar Yadav ( 52 Years.),

S/O- Parshuram Yadav,

RO: D-Lane, OMP colony, PO: Lamtihbahal, PS: Brajrajnagar,

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

Versus

1. Branch Manager,

Tata Motors Finance Limited, TMFL Rourkela Branch,

PS: Rourkela, Dist: Sundargarh.

2. Branch manager,

Tata Motors Finance Limited, TMFL Sambalpur Branch,

At/PO/Ps: Ainthapali,

Dist. Sambalpur.Odisha.………………………..….…....…….…...Opp. Parties.

Counsel for the Parties:-

For the Complainant                                  Shri P.R.M Rao,Adv. & Associates.

For the Opp. Parties                                 Shri A.K.Sahoo, Adv. & Associates.

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

Order dated 17.10.2017, Shri Sundarlal Behera, President.

The brief facts of the complainant’s case is that, the complainant avail loan of Rs.17,52,000/- only from the O.Ps. and purchased one truck bearing Regn. No.   OD-23-2763 which was to be returned with interest within November 2016 with reducing rate of interest @ 7% p.a. The complainant has paid Rs.21,17,372/- only as on November 2016 but the O.P is demanding Rs.4,00,000/- only without any calculation and also without furnishing copy of loan agreement, hence this case,

The O.P. appeared through his counsel after being noticed and submitted that the complainant is a defaulter in making payments of installments. The O.P. submitted that the complainant has availed loan of Rs. 17,52,000/- only which was to be repaid with interest in 47 nos. of EMIs. started from 02.01.2013 to 02.11.2016. The O.Ps filed statement of accounts and a copy of arbitral award. The O.Ps denied all the allegations imposed by the complainant and prayed for dismissal of the case.

Heard and perused the case record along with materials available. The complainant was financed a vehicle bearing Regn. No. No. OD-23-2763 by the O.Ps. for an amount of Rs. 17,52,000/- only which was to be refunded in 47 numbers of monthly installments with interest started from 02.01.2013 to 02.11.2016.  One arbitral award was passed against the complainant on dtd. 27.07.2015 prior to filing of the case.

As an arbitral award has been passed against the complainant on the same matter prior to filing of the case ,thus this Hon’ble Forum bind its hands to decide the matter, hence the present case is hereby dismissed with no costs.

            Accordingly the present complaint case is disposed of.

Order pronounced in the open court today the 17^th day of October’ 2017 and copy of this order shall be supplied to the parties as per rule. 

          I Agree.                           I Agree.                                                                                             

        A.Nanda, Member             S.K.Ojha, Member            S. L. Behera, President                 

Dictated and corrected by me

      S. L. Behera, President.