DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 48 OF 2016
Gokulananda Khamari,
S/O- Tularam Khamari,
RO: Baddhara, PO: Konaktora,PS: Rengali,
Dist: Jharsuguda, Odisha……………………...………………………………Complainant.
Versus
- Divisional Manager/ Branch Manager,
Cholamandalam Investment & Finance Co. Ltd., Jharsuguda Branch,
2nd floor Nisha Tower, PO: Industrial Estate,
PS/ Dist: Jharsuguda, Odisha.
- Manager,
Cholamandalam Investment & Finance Co. Ltd.,
Dare House No.2, N.S.B Road, Barry,
Chennei- 600 001…………....………………………..….…....….…...Opp. Parties.
Counsel for the Parties:-
For the Complainant Shri S.N.Pasayat, Adv. & Associates.
For the Opp. Parties Shri A.K. Sahoo, Adv. Associates.
Date of Order: 25.04.2017
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, he has purchased one DOST LS BSIII FSD vehicle bearing Regn. No. OD 23B 8409 which has been financed by the O.Ps which the complainant was liable to pay the loan amount with interest in 47nos. of installments started from dtd. 01.12.2014 to 01.10.2018. The complainant has issued a cheque of Rs.4,26,967/- only infavour of the O.Ps. as security deposit to fulfil the criteria of finance. The complainant could not paid some of the installments in time as a result the O.Ps. have repossess the vehicle on dtd. 15.07.2016 forcibly and demanded Rs.2,70,000/- only as arrear dues. The complainant alleges unfair trade practice and filed this case.
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 to purchase a vehicle and availed loan of Rs.4,38,000/- only by executing loan agreement bearing No. XVFPJRA00001296350. The O.Ps. issued several reminders to pay the outstanding dues but the complainant was silent and as per the clause of agreement the O.ps. repossess the vehicle and informed the complainant for full and final settlement and finding no response from the complainant the O.Ps. sold the vehicle through live auction sale on dtd. 18.08.2015. There is no any deficiency in service and prayed for dismissal of the case.
Heard and perused the case record along with materials available. The complainant after taken financial help from the O.Ps. he was not paying the monthly installment in due time. The O.Ps. after being reminded repossess the vehicle by issuing pre-seizure intimation to Police Station, Inventory of the vehicle and repossessed the vehicle from the complainant and to recover the outstanding dues the O.Ps. have sold the vehicle to auction sale. The letter dtd. 17.06.2016 of O.Ps. reflects the outstanding dues of Rs.2,58,681/- only which was informed to the complainant before sale. The loan which complainant has taken should be repaid along with interest in due time but the complainant failed to do so and the O.Ps. perform as per the terms and conditions of the loan agreement where he has repossess the said vehicle and sold it to recover the loan amount.
As per the above observations there is no deficiency in service or unfair trade practice found on the part of O.Ps. hence the present case is dismiss with no costs.
Accordingly the case is disposed of.
Order pronounced in the open court today the 25th day of April’ 2017 and 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. L. Behera President
