DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 70 OF 2016

Satyabrat Mohanty ( 30 Years),

S/O- Dadhibaman Chandra Mohanty, Occu: Pvt. Service,

RO: Bijunagar,PO: Industrial Estate,

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

Versus

The Branch Manager,

Tata Motor Finance Ltd., Second Floor, Balaji Towers,

GM College Road,

Dist: Sambalpur, Odisha………………………………....…….…..….……..Opp. Party.

Counsel for the Parties:-

For the Complainant                                  Shri R.K. Sriwas,Adv. & Associates.

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

Date of Order: 27.06.2017

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, the complainant avail loan of Rs.3,88,000/- only from the O.P. on dtd.30.03.2015 and purchased one vehicle bearing Regn. No.OD-23B-9281 which was to be returned with interest within 02.04.2019 in monthly installments of Rs.12,736/- only. The complainant has paid more than Rs.44,192/- only as on 31.03.2015. The complainant was paying the monthly installment regularly but due to medical problem of complainant’s wife since one year the complainant could not able to pay some of installments in time. The complainant is ready to pay the defaulted amount and while asking about the current balance of his loan account the O.P denied to supply the statement of accounts and threatening to seize the vehicle, hence this case.

The O.P. appeared through their counsel after being noticed and submitted that the complainant is a defaulter in making payments of installments.  On dtd. 10.04.2017 the complainant was to pay Rs.4,42,090/- only out of contact value of Rs.6,11,596/- only and current overdue Rs.1,36,330/- only and accrued ODC Rs.35,502/- only. 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.OD-23B-9281 by the O.P for an amount of Rs.3,88,000/- only which was to be refunded in 48 numbers of monthly installments with interest started from 02.05.2015 to 02.04.2019 which the first EMI is Rs.12,816/- only and from 2^nd to 48^th EMI was of Rs.12,740/- only.  As per the statement of accounts issued by O.P. dtd. 10.04.2017 the contact value was 6,11,596/- only, due till the date Rs.3,05,836/- only, received by the O.P Rs.1,69,506/- only, overdue installment Rs.1,36,330/- only and net over dues interest Rs.35,502/- only on the complainant.

The said vehicle is in the possession of the complainant and as per the statement of account the complainant is paying the monthly installments time to time ( not regularly ).  It reveals that the complainant is interested to clear the dues.  

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 amounts regularly from the complainant.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 27^th day of June’ 2017 and copy of this order shall be supplied to the parties as per rule. 

                                         I Agree.                           I Agree.                                                                                            

                                 A.Nanda, Member             S.K.Ojha, Member            S. L. Behera, President                 

                             Dictated and corrected by me

                               S. L. Behera, President.