Orissa

Sundargarh II

cc/22/2017

MR Ramesh Chandra Mundari - Complainant(s)

Versus

The B M The SREI Equipment Finance Limited - Opp.Party(s)

B.K Swain

13 Feb 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
SUNDARGARH-II, ROURKELA
 
Complaint Case No. cc/22/2017
( Date of Filing : 22 Feb 2017 )
 
1. MR Ramesh Chandra Mundari
at-Kokerma po-TULSIKANI PS-BISRA
...........Complainant(s)
Versus
1. The B M The SREI Equipment Finance Limited
panposh road, First Floor Rourkela Above HDFC Bank sundargarg
2. The C E O Thhe Shre Equipmeant Fincial ltd
Plot no 10 Block EP secter V Salt Lake City Kolkata001
Kolkata
westbangal
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. SRI.B.K.PANDA PRESIDENT
 HON'BLE MR. Babaji Sahoo MEMBER
 HON'BLE MRS. Sujata Nayak MEMBER
 
PRESENT:B.K Swain, Advocate for the Complainant 1
 
Dated : 13 Feb 2018
Final Order / Judgement

On perusal of the complainant of the complainant, written version filed by OP-Finance Company as well as on going through the documents made available mainly by the OP-Finance Company and after hearing they arguments of the Advocates for the parties, the matter in dispute in between the parties relates to Finance matter i.e. dispute over settlement of accounts. Complainant's claim is that the OP-Finance Company have made. Inflated claim as despite of his regular repayment various amount charged under various heads including OD interest appeared in the statement of Account. OP-Finance company's claim is that as per the terms and conditions of the agreement executed between the parties and as per payment schedule issued to the complainant he defaulted to pay the regular installments and as' per the agreement clause it is empowered to seize the vehicle under hypothecation in case of default in repayment of regular installments. OP-Finance Company assert that the claim laid against them is based on correct statement of accounts. The main and important document i.e. the hypothecation agreement executed in between the complainant and Finance Company has been placed by the OP-Finance Company. This particular agreement can4 be termed as a contract in between the parties and the conditions agreed by them must be adhered to. The agreement clauses, no doubt have empowered the finance Company to charge various amounts under various heads including repossession of the vehicle on default of repayment of installments but it should be with the intervention of the proper court of law. The main prayer of the complainant has been resolved by way of interim order dtd.22.02.2017. Dispute relating to account cannot be resolved by this forum. Accordingly the C.C. Case is dismissed.

 
 
[HON'BLE MR. SRI.B.K.PANDA]
PRESIDENT
 
 
[HON'BLE MR. Babaji Sahoo]
MEMBER
 
 
[HON'BLE MRS. Sujata Nayak]
MEMBER
 

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