DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 11 OF 2016

Subrata Debnath ( 35 Years),

S/O- Moti Gopal Debnath,

RO: Mahavirnagar, PO: Brajrajnagar, 

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

Versus

Cholamandalam Investment & Finance Ltd.,

At: BTM, PO/PS/Dist: Jharsuguda, Odisha…………...…….…..….……..Opp. Party.

Counsel for the Parties:-

For the Complainant                                  Shri N.K.Mishra, Adv. & Associates.

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

Date of Order: 18.10.2016

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 from the O.Ps. and purchased one truck bearing Regn. No.OR-23C-3102. Due to having transport problem with financial hardship the complainant could not able to pay some of installments of Rs.27,800/- only but the O.P. is demanding Rs.3,61,400/- only including charges.  The complainant has paid Rs.7,11,555/- only but the statement of O.P is showing Rs.6,08,100/- only and threatening to seize the vehicle, hence this case.

The O.P. appeared through their counsel after being noticed and submitted that the complainant is a defaulter in making payments of installments.  Till the date of 16.03.2016 the complainant was to pay Rs.5,03,047/- only. The complainant has taken loan of Rs.8,55,150/- only which was should be repaid in 46 nos. of monthly installments of Rs.27,800/- only per month but he was not paying the installments in time 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-23C-3102 by the O.P for an amount of Rs.8,55,150/- only which was to be refunded in 46 numbers of monthly installments.  As per the statement of accounts issued by O.P. dtd. 06.03.2016 the complainant has total outstanding dues of Rs.5,03,047/- only.

The said vehicle is in the possession of the complainant and as per the statement of account the complainant is paying the monthly installments time to time ( not regularly ).  It reveals that the complainant is interested to clear the dues.  

In the above observation we are in considered opinion to allow partly the complaint case with direction to the O.P to issue afresh statement of accounts in favour of the complainant and receive the outstanding dues amounts regularly from the complainant.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 18^th day of October’ 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.