DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 104 OF 2017

Smt. Rajkumari Devi,

W/O- Umesh Singh,

R/O. Junadihi, Near Belpahar College,

PO-Belpahar (RS),

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

Versus

1. Service Branch Manager,

M/S. Cholamandalam Investment and Finance Company Ltd.,

AT- Biju Nagar (Near Bombay Chowk), NH-49 Road,

PO/PS/Dist- Jharsuguda.

2. M/S. Cholamandalam Investment and Finance Company Ltd.,

Dare House, 2^nd Floor, No. 2. N.S.C Bose Road,

Perrys, Chennai – 600001.…….…...……………….……..….……..Opp. Parties.

Counsel for the Parties:-

For the Complainant                                       Self.

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

Date of Order: 04.12.2017

Present

                                                                       1. Shri Sundar Lal Behera, President.

                                                                      2. Shri Santosh Kumar Ojha, Member.

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

Shri Sundar Lal Behera, President: - The brief facts of the complainant’s case is that, the complainant availed loan  of Rs.24,00,000/- only from the O.Ps.on dtd.30.04.2016 and purchased one vehicle bearing Regn. No.OD-23-D3428 which the complainant was liable to pay the loan amount with interest in 60 numbers of monthly installments started from dtd. 28.05.2016 to 28.04.2021. The complainant was paying the monthly installments regularly. The said vehicle met with an accident on dtd.19.05.2017 and since the date of accident the complainant has defaulted one monthly installment but the O.Ps are demanding more amount hence this case.

The O.Ps. appeared through their 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. 24,00,000/- only and till dtd. 16.10.2017 the complainant is liable to pay Rs.4,86,767/- only. 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-D-3428 by the O.Ps. for an amount of Rs. 24,00,000/- only which was to be refunded with interest in 60 numbers of monthly installments started from dtd. 28.05.2016 to 28.04.2021.  One arbitral award was passed against the complainant on dtd. 21.07.2017 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 04^th day of December’ 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