Orissa

Jharsuguda

CC/124/2017

Bharatendu Bhusan Thakur S/O- Shiv Sahankar Thakur - Complainant(s)

Versus

The Branch Manager, Hinduja Leyland Limited - Opp.Party(s)

S.N. Naik

03 Sep 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO.124 OF 2017

 

Bharatendu Bhusan Thakur(28 Yrs.),

S/O- Shiv Shankar Thakur,  

RO: Bhitriapada,Ward No.2,Sundargarh,

PO: Sundargarh, PS: Sundargarh Town,  

Dist: Sundargarh,Odisha…………………………….…….…………Complainant.

                                                 

Versus

 

1. The Branch Manager,

Hinduja Leyland Finance Limited,

Office at Plot No.306, 1^st Floor,

Behind Pani Market Complex,Uditnagar, Rourkela,

PO/PS: Uditnagar, Dist: Sundargar-769 012, Odisha.

 

2. Proprietor, LECTRONIC STOCK YARD,

At: Plot No.594,Tangarpali, PO: Talpatia,

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

 

Counsel for the Parties:-

For the Complainant                                S.N.Naik, Adv. & Associates.

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

 

Date of Order: 03.09.2018

 

Present

 1. Shri Sundar Lal Behera, President.

                                                                                 2. Shri Santosh Kumar Ojha, Member.

                                                                                3. Smt. Anamika Nanda, Member(W).

 

Smt. Anamika Nanda, Member(W): - Brief fact of the case is that, the complainant has availed loan from the O.P on execution of loan agreement to be repaid in monthly installments against his vehicle NO. OD16C-5233. The complainant was liable to pay the loan amount with interest in monthly installments of Rs.69,000/- only.  The O.ps. demanding unexpected amount from the complainant without any proper calculation. The complainant alleges deficiency in service on the part of O.Ps, hence this case.

 On the other hand the O.Ps had reputing the allegations made in the complaint petition and submit that the statement of account are being prepared time to time basing on the amount due, amount paid as well as the amount to be charged under DPC as per term and condition of the agreement executed by the complainant as loanee.  According to the O.P the complainant is liable to pay a sum of Rs. 8,69,979/- only till June’2018.  Hence it denied to have rendered any deficient service by demanding the arrear amount to the complainant.

On perusal of complaint petition, written version including available documentary evidence on record and after hearing it reveals that the dispute in between the complainant and O.P mainly rests on the dispute relating to account made in the statement of account furnished by the O.Ps. settled law is that the Forum cannot adjudicated any dispute relating account matter. To resolve the dispute in account matter the proper course is to approach to the civil court as has got the power to result such dispute.

            Therefore, we dismiss the complaint and the complainant is at liberty to raise his grievance before the civil court for proper adjudication, if he wishes. Accordingly, the complaint petition is dismissed.

            Accordingly the present complaint case is disposed of.

Order pronounced in the open court today the 3^rd day of September’ 2018.Free copy of this order shall be supplied to the parties as per rule. 

 

                        I Agree                         I  Agree.                                                                                      

                                         

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

                                           Dictated and corrected by me

 

     A.Nanda, Member(W)