DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 82 OF 2016

Ajaya Samantaray,

C/O: Mr. Raju Samantaray,

C/O: Srinivas Rao,

At: Near Railway Fatak, Choukipada Road, Sixnet,Jharsuguda,

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

Versus

1. Branch Manager,

TATA Motors Finance Solutions Ltd., Sambalpur Branch,

2^nd Floor, Balaji Towers, Sambalpur, Odisha.

2. TATA Motors Finance Solutions Ltd.,

1-Think Techno Campus, Building A, 2^nd Floor, Off,

 Pokharan Road- 2,Thane- West-400 601………………………….Opp. Parties.

Counsel for the Parties:-

For the Complainant                                  Sri B.N.Nayak,Adv. & Associates.

For the Opp. Party                                   Sri A.K.Sahoo,Adv. & Associates.

Date of Order: 22.08.2017

Present

                                                                                   1. Shri S.L.Behera, President.

                                                                                    2. Shri S.K. Ojha, Member.

                                                                                   3. Smt. A. Nanda, Member (W).

Shri S. L. Behera, President: - The brief facts of the complainant’s case is that, the complainant avail loan of Rs.3,70,833/- only excluding interest from the O.Ps. and purchased one four wheeler bearing Regn. No.OD-23-3107 which was to be returned with interest in 45 nos. of EMIs. The complainant has paid more than Rs.4,92,004/- only and he is required to pay Rs.48,858/- only. The O.P seized the vehicle illegally on dtd. 28.09.2016, hence this case,

The O.Ps. appeared through his counsel after being noticed and submitted that the complainant is a defaulter in making payments of installments. The O.Ps. submitted that the complainant has availed loan of Rs.3,70,833/- only which was to be repaid with interest in 47 nos. of EMIs. started from 02.02.2013 to 02.12.2016. The O.P filed copy of loan agreement, statement of account and copy of arbitral award. The O.P 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. OD-23-3107 by the O.Ps. for an amount of Rs.3,70,833/- only which was to be refunded in 47 numbers of monthly installments with interest started from 02.02.2013 to 02.12.2016.  As per the statement of accounts issued by O.Ps. dtd. 10.04.2017 the complainant was liable to pay Rs.26,733/- only towards net overdue interest and Rs. 2,062/- only towards overdue instalments. One arbitral award was passed against the complainant on dtd. 27.06.2016 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 dismiss with no costs.

            Accordingly the present complaint case is disposed of.

Order pronounced in the open court today the 22^nd day of August’ 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.