Orissa

Sundargarh II

CC/91/2017

Aswini Kumar - Complainant(s)

Versus

The Branch Manager, Shree Bharat Trucking A unit of Shree Bharat Motors Ltd. - Opp.Party(s)

Sri B.K. Swain

13 Feb 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SUNDARGARH-II, ROURKELA
 
Complaint Case No. CC/91/2017
( Date of Filing : 11 Sep 2017 )
 
1. Aswini Kumar
S/o- Laxmi Chand Resident of At- Vyas Residency- A-Block, Flat No-403, Vedvyas, PS- B.tarang, Dist- Sundargarh, Odisha
...........Complainant(s)
Versus
1. The Branch Manager, Shree Bharat Trucking A unit of Shree Bharat Motors Ltd.
Chikatmati, Manida Kudar, Dist- Sundargarh, Odisha
2. The CEO, Daimler Financial Services India Pvt. Ltd.
RMZ Milleria Business Park, Campus-3B Unit:201, 143 Dr. M.G.R. Road, Perungudi, Chhenai-600096
............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 P.K. Ray, Advocate for the Opp. Party 1
Dated : 13 Feb 2018
Final Order / Judgement

On perusal of the complaint of the complainant, written version filed by the OP-Finance Company as well as on going through the documents made available mainly by the OP-Finance Company and after hearing they arguments of the Advocates for the parties, the matter in dispute in between the parties relates to Finance matter i.e. dispute over settlement of accounts. Complainant’s claim is that the OP-Finance Company have made inflated claim as despite of his regular repayment various amount charged under various heads including OD interest appeared in the statement of Account. OP-Finance Company’s claim is that as per the terms and conditions of the agreement executed between the parties and as per payment schedule issued to the complainant he defaulted to pay the regular installments and as per the agreement clause it is empowered to size the vehicle under hypothecation in case of default in repayment of regular installments OP-Finance Company assert that Claim Laid Against them is based on correct statement of accounts. The main and important document i.e. the hypothecation agreement executed in between the complainant and Finance Company has been placed by the OP-Finance Company. This particular agreement cannot be termed as a contract in between the parties and the condition agreed by them must be adhered to the agreement clauses, no doubt have empowered the finance Company to charge various amounts under various heads including repossession of the vehicles on default of repayment of installments but it should be with the intervention of the proper court of law. The main prayer of the complainant has been resolved by way of interim order dtd.11.09.2017. Dispute relating to accounts cannot be resolved by this forum. Accordingly the C.C. Case is dismissed.

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

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