Orissa

Jharsuguda

CC/22/2017

Sajan Kumar Das S/O-Nathni Das - Complainant(s)

Versus

The Branch Manager, Cholamandlam Invest and Fin Co. Ltd. - Opp.Party(s)

R.K. Pal

26 Mar 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO.22 OF 2017

 

Sajan Kumar Das( 42 Yrs.),

S/O- Nathni Das,

RO: Gandhichowk, PO: Gandaghora, PS: Brajrajnagar,

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

                                               

Versus

 

Branch Manager,

Cholamandalam Invest and Fin Co. Ltd.

At-Nisha Tower 2^nd Floor, Bijunagar,

In front of Ujjwal Bajaj Near Bombay Chowk,

PO: Industrial estate,

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

 

Counsel for the Parties:-

For the Complainant                                P.R.M.Rao,Adv. & Associates.

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

 

Date of Order: 26.03.2018

 

Present

1. Shri Sundar Lal Behera, President.

 2. Shri Santosh Kumar Ojha, Member.

 3. Smt. Anamika Nanda, Member(W).

 

Shri S. L. Behera, President: - The brief facts of the complainant’s case is that, the complainant availed loan of Rs.10,00,000/- only from the O.P. on dtd. 01.11.2013 and purchased one truck bearing Regn. No.OR-23B-5850 which was to be returned within September,2017 with interest in monthly installments. The complainant has paid more than Rs.6,00,000/- only to the O.P till the date of filing. The complainant is ready to pay the dues amount to the O.P but the O.P is demanding unexpected high amount without showing any proper calculation or copy of agreement, hence this case.  

The O.P. appeared through his counsel after being noticed and submitted that the complainant is a defaulter in making payments of installments. The complainant was financed Rs.7,25,150/- only on dt.30.09.2013 not Rs.10,00,000/- on dt.01.11.2013. The O.P denied all the allegations imposed by the complainant and prayed for dismissal of the case.

Heard and perused the case record along with materials available. The complainant was financed a vehicle bearing Regn. No.OR-23B-5850 by the O.P. for amount of Rs.7,25,150/- only which was to be refunded with interest from 01.01.2013 to 01.09.2017.  As per the statement of accounts dtd. 06.03.2018 the complainant was to pay Rs.5,97,976/- only to the O.P.  

The said vehicle is in the possession of the complainant and as per the statement of accounts the loan period has already expired on dt.01.09.2017. The complainant is ready to clear all the outstanding dues where the O.P is also entitled. The O.P has not supplied the proper calculations of loan and any copy of agreement to the complainant. 

In the above observation we are in considered opinion to allow partly the complaint case with direction to the O.P to issue afresh statement of accounts in favour of the complainant and receive the outstanding dues amount from the complainant. The O.P is also directed to supply a copy of loan agreement to the complainant executed between the parties and not to misutilise the blanks cheques of complainant if any.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 26^th day of March’ 2018 and copy of this order shall be supplied to the parties as per rule. 

 

           I Agree                            I  Agree.                                                                                      

                                          

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

 

Dictated and corrected by me

 

      S. L. Behera, President.