DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 53 OF 2016
Prasanta Kumar Pradhan,
S/O- Sarat Chandra Pradhan,
RO: Gumadera, PO/PS: Belpahar,
Dist: Jharsuguda, Odisha……………………...………………………………Complainant.
Versus
- Branch Manager,
Cholamandalam Investment & Finance Co. Ltd., Jharsuguda Branch,
At- Priyanka Complex, BTM Chowk,
Dist: Jharsuguda, Odisha.
- Branch Manager,
Cholamandalam Investment & Finance Co. Ltd.,Sambalpur Branch,
At: Sabot Complex, Ainthapali,
Dist: Sambalpur, Odisha..………………………..….…....….…...Opp. Parties.
Counsel for the Parties:-
For the Complainant Shri N.K.Mishra, Adv. & Associates.
For the Opp. Parties Shri A.K. Sahoo, Adv. Associates.
Date of Order: 09.01.2017
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 ten wheeler vehicle bearing Regn. No.OR-09J-4522 which has been financed by the O.Ps for an amount of Rs.7,05,150/- only which the complainant was liable to pay the loan amount with interest in 31nos. of installments for amount of Rs.30,500/- only per month started from dtd. 01.12.2012 to 01.06.2015. The complainant has paid Rs.5,59,500/- only, but due to seizure pf vehicle by deputy director of mines in connection to C.C Case No.02 of 2014 the complainant could not paid some of the installments in time but the O.P is demanding Rs.4,47,422/- only as OD charges where outstanding installment due is Rs.3,76,000/- only and illegally and threatening to seize the vehicle without supplying the correct statement of accounts, hence 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 ten wheeler Tata HCV/ LPT-2515 vehicle who had outstanding dues of Rs.8,86,074/- only in total till dated 13.12.2016. The O.Ps. further submitted that the complainant has earlier filed an identical complaint case before this Hon’ble Forum vide C.C. Case No. 65 of 2015 which was disposed of with rejection as such the case is not maintainable and with denying all the allegations imposed by the complainant, the O.P has prayed for dismissal of the case.
Heard and perused the case record along with materials available.
As per the statement of accounts filed by the O.Ps. dtd. 13.12.2016 the complainant has availed financial help of Rs.7,05,150/- only from the O.Ps. and has paid Rs.5,69,500/- only including principal and interest. The complainant has installment over due of Rs. 3,76,000/- only and other over dues of Rs.4,90,074/- only, in total Rs.8,66,074/- only till the date of 13.12.2016. After filing of complaint the complainant availed relief for not to seize the vehicle till appearance and filing of written version by the O.Ps. After filing of written version by the O.Ps. the fact of finance and repayment came to the front that the complainant has not paid Rs.8,66,074/- only including installment overdue and other over dues.
As per the above observations and analysis there is no merit found on the part of complainant, hence we dismiss the present case with no costs.
Accordingly the case is disposed of.
Order pronounced in the open court today the 09th day of January’ 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
