Orissa

Jharsuguda

CC/75/2014

Mr. Satya Naryana Pujari S/O-Late ,Grighari Pujari - Complainant(s)

Versus

Tata Moters Finance Ltd - Opp.Party(s)

B.N.Dutta

30 Jul 2015

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 75 OF 2014

 

Satya Narayan Pujari (64 Yrs.),

S/O- Late Giridhari Pujari,

Occupation: Retired Govt. Servant,

R/O: Sarbahal, Power House Road,

Near Saraswati Shisu Mandir, 

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

                                                 

Versus

 

1. Tata Motor Finance Ltd.,

Building A, 2^nd Floor, Lodha-1,

Think Techno Campus, PO: Kharan Road-02,

Thane(West)- 400 607.

 

2. Branch Manager,

Tata Motors Finance Ltd,

Church Chhak, Sambalpur…………………….……....….…...Opp. Parties.

 

Counsel for the Parties:-

For the Complainant                                  Shri B.N.Dutta, Adv. & Associates.

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

 

Date of Order: 30.07.2015

 

Present

                                                                                     1. Shri S.L.Behera, President.

                                                                                    2. Shri S.K. Ojha, Sr. Member.

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

 

Shri S.K.Ojha, Sr. Member : - The brief facts of the complainant’s case is that, he has purchased one Indica Car bearing Regn. No.OR-23A-6399 which has been financed by the O.Ps. The complainant was liable to pay the loan amount with interest in 59 Nos. of installments of Rs.8,800/- only as the 1^st installment and @ Rs.7,350/- only per month in rest 58 nos. of installments. The complainant issued 30 nos. of cheque to be used for collection towards installments but most of the time the agent of the O.ps. collected through cash. The complainant has paid Rs.4,55,817/- only and excess amount of Rs.20,717/- only through cheque and cash deposits.  The cheque issued by the complainant were to be presented on 2^nd of each month but the O.Ps. misutilised the cheques and presented before the due dates each months as such 15 Nos. of cheques were bounced. On dtd. 28.04.2013 the complainant received a phone call from head office of the O.P from Mr. Singh (Phone No. 02261317890) that they have decided to settle the loan account for Rs.30,000/- only   and he was advised to contact  at Sambalpur Branch Office and as per the instruction, the complainant deposited the said Rs.30,000/- only on dtd. 30.04.2013 and re-contacted with the said Mr. Singh of Mumbai head office where he assured to give No Objection Certificate within three days but inspite of issuing NOC the O.Ps demanded Rs.59,499/- only more amount for settlement of loan account by issuing legal demand notice dtd. 23.07.2014. On the above mentioned activities of the O.Ps the complainant filed this case for adjudication.

The O.Ps appeared through his 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 of Rs.3,07,000/- only to purchase Tata Indica DLS which was to be repaid by the complainant with interest in 59 Nos. of monthly EMIs started from dtd.02.12.2006 to 02.10.2011.  Till the date of filing of written version the complainant was having outstanding dues of Rs.190/- only towards installment and Rs.59,347/- only towards overdue charges and with denying all the allegations imposed by the complainant, the O.Ps have prayed for dismissal of the case.

 Heard and perused the case record along with materials available.  As per the materials filed by the parties it is found that  the loan amount was to be repaid by the complainant in 59 Nos. of monthly installments out of which the 1^st installment was Rs.8,800/- only and the rest 58 installments were @ Rs.7350/- only per month which started from dtd.02.12.2006 to 02.10.2011.  The complainant issued cheques in advance to the O.Ps for collection of monthly installments in due time but the O.Ps have presented the cheques  as per their suitability.  As per the Account Statement of Bank Pass Book of complainant there were four numbers of cheques presented consecutively i.e. on dt.29.03.2008, 31.03.2008, 31.03.2008 and 08.04.2008. All the cheques were bounced and dishonored by charging Rs.75/- only each by the bank. The other cheques who all were having due date of 2^nd day of every month were presented before the due dates.

 As per the statement of accounts issued by the O.Ps, filed by the complainant dtd. 08.03.2013  the current overdue was Rs. 30,079.88 P so also the O.Ps have also agreed to settle the loan account on payment of Rs.30,000/- only. The complainant complied the same and deposited Rs. 30,000/- only on dtd. 30.04.2013 (original Money Receipt vide Receipt No. 300615715 filed)  but inspite of settlement of loan account and issuing (NOC) No Objection Certificate, the O.Ps demanded more amount. The complainant filed an affidavit in shape of evidence in support of his case against which the O.Ps failed to file any counter affidavit in his support.

The complainant submitted the said cheques well in advance before the O.Ps for clearance on due dates towards his EMIs. The O.Ps mis-utilised the cheques of the complainant by presenting before the due dates which caused financial loss to the complainant. Such activities denotes towards unfair trade practice adopted by the O.Ps. Subsequently after being receipt of the agreed amount by the complainant the O.Ps in place of issuing No Dues Certificate or NOC, the O.Ps demanded more amount from the complainant. It shows the deficiency in service committed by the O.Ps.

Hence, we are in considered opinion to allow the complaint petition of the complainant in the form of order as follows :-

 

ORDER

1. The O.Ps are hereby jointly and severally directed to settle the loan account / contact No. 5000016098 of the complainant and issue No Objection Certificate in favour of the complainant.
2. The O.Ps are hereby jointly and severally further directed to pay a sum of Rs.20,000/- (Rupees twenty thousand) only towards harassment, mental agony and cost of the case.
3. The above mentioned orders are to be carried out within 30(thirty) days from the date of receipt of this order failing which the O.Ps shall be liable for interest @10% per annum on the above mentioned awarded amount till realization.

Accordingly the case is disposed of.

Order pronounced in the open court today the 30^th   day of July’ 2015 and copy of this order shall be supplied to the parties as per rule.

                                                                I Agree.                       I Agree,                                                                                               

                                         

                                                 A.Nanda, Member (W)         S. L. Behera President     S.K.Ojha, Sr.Member 

  Dictated and corrected by me

S.K.Ojha, Sr.Member