Orissa

Sundargarh II

cc/109/2016

Mr.Nilufer Tehseev - Complainant(s)

Versus

The B.M Magma finance ltd. - Opp.Party(s)

Sri B.K. Swain

23 Nov 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SUNDARGARH-II, ROURKELA
 
Complaint Case No. cc/109/2016
( Date of Filing : 03 Oct 2016 )
 
1. Mr.Nilufer Tehseev
old out station road, rourkela,sundargarh
Sundargarh
Odisha
2. The div Manager magmafincorp ltd
24 park street kolkota 700016
sundargarh
Orissa
...........Complainant(s)
Versus
1. The B.M Magma finance ltd.
1st flower,Nics building Gaffer Colony Infornt of SBI uditnagar rkl-12
Sundargarh
Odisha
............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:Sri B.K. Swain, Advocate for the Complainant 1
 Sri A.K. Prasad, Advocate for the Opp. Party 1
Dated : 23 Nov 2017
Final Order / Judgement

Complaint alleges deficiency in service on the part of the OP-Finance Company due charging of inflated amount into her loan account. Complainant availed loan of Rs.6,59,000/- for purchase of a Car, on execution of agreement dtd.31.08.2012, to be repaid the said loan with interest in 60 numbers of monthly installments from 01.10.2012 to 01.09.2017. As per the statement of accounts as on 03.10.2016 a sum of Rs.6,14,910/- has been paid by the Complainant against the dues of Rs.8,99,695/- , the said statement of account also shows that the OP-Finance Company has charged a sum of Rs.1,68,977.02 paise towards OD interest @ 3%. The Complainant has raised dispute in accounting i.e. she disputes the OD interest shown in the account statement. It is found that substantial amount has been paid against the loan of the complainant. The main prayer of the Complainant i.e. for a direction to the OP not to repossess the finance vehicle has been complied in view of interim order passed earlier. When both the parties had executed loan-cum-hypothecation agreement and agreed to abide by the terms and conditions of the same in case of default of in repayment OD interest has to be charged. But after perusal of the statement of account it can be noticed that the OP-Finance Company has received the monthly installments regularly in every month but with slight deviation in some months. Looking into the patern and mode of payment made by the Complainant the OP-Finance Company should have showed some relaxation in payment of the OD interest charge. As this Forum is not empowered to settle account between the party, still for establishing good relationship amongst the party/the OP-Finance Company shall consider to wave the OD interest amount shown in the account statement if the entire loan would be liquidated by the Complainant within two months.

      Accordingly the C.C. is disposed of.

      Free copy of the order be supplied to the parties concerned as per rule.

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

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