DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 51 OF 2016

Krushna Chandra Rohidas,( 40 Years),

S/O- Santosh Rohidas,

RO: Tumbekela, PO: Hirma, PS: Badmal,

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

Versus

1. Branch Manager,

Cholamandalam Investment & Finance Co. Ltd., Jharsuguda Branch,

At- Bijunagar, Infront of Hotel Aryan,PO: Industrial Estate,

PS/ Dist: Jharsuguda, Odisha.……………..….…....….…...Opp. Party.

Counsel for the Parties:-

For the Complainant                           Shri M. Sinha, Adv. & Associates.

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

Date of Order: 10.01.2017

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 a Mahindra Bolero XL 2WD vehicle bearing Regn. No.OR-23F-5726 which has been financed by the O.P for an amount of Rs.4,43,000/- only which the complainant was liable to pay the loan amount with interest within 2016 for amount of Rs.12,750/- only per month. The complainant was paying the monthly installments regularly, but due to some unavoidable circumstances the complainant could not paid some of the installments in time amounting Rs.42,276/- only upto 28.07.2016 but the O.P has seized the vehicle on dtd. 12.08.2016 without any notice or information, hence this case.

The O.P. 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 to purchase a Mahindra Bolero XL 2WD vehicle which was to be repaid in 47 monthly installments of Rs.12,750/- only started from dtd. 01.09.2012 to 01.07.2016 who had outstanding dues of Rs.42,276/- only as also admitted by the complainant.  The O.P. has released the vehicle in favour of the complainant as directed by this Hon’ble Forum 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.P. dtd. 17.11.2016 the complainant has availed financial help of Rs.4,43,000/- only from the O.P. and has paid Rs.5,99,250/- only including principal and interest.  The complainant has cleared all the installment amounts except the over due of Rs. 46,829/- only till the date of 17.11.2016.  The O.P has complied the misc case order bearing No. 10/2016 dtd. 29.08.2016 and released the vehicle in favour of the complainant.  The complainant has also cleared all the installment amount of O.P but some other over dues amount is pending on the complainant which the O.P is also entitled to receive the same.

As per the above observations and analysis the complaint petition is hereby allowed partly with directions to the O.P to issue afresh statement of accounts and receive the dues amount from the complainant. 

            Accordingly the case is disposed of.

Order pronounced in the open court today the 10^th   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