DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 08 OF 2017

Sumit Hussain (42 Years),

S/O- Abdul Rahim,

R/O. Brajrajnagar Near Masjid,

PO/PS:-Brajrajnagar,

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

Versus

1. The Branch Manager,

Tata Motors finance Ltd., Sambalpur Branch,

Near Balaji Tower,Sambalpur,

Dist- Sambalpur, Odisha.

2. Promad Behera,Collection Agent,

Tata Motors finance Ltd., Sambalpur Branch,

At: Gumadera Mandir, Gumadera,

PO: Gumadera, PS: Belpahar,

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

Counsel for the Parties:-

For the Complainant                                       Self.

For the Opp. Parties                                       T.K.Harichandan, Adv. & Associates.

Date of Order: 20.12.2017

Present

                                                                                          1. Shri Sundar Lal Behera, President.

                                                                                          2. Shri Santosh Kumar Ojha, Member.

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

Shri Sundar Lal Behera, President: - The brief facts of the complainant’s case is that, the complainant availed loan of Rs.20,37,000/- only from the O.Ps. and purchased one vehicle bearing Regn. No.OR-23F-6300 which the complainant was liable to pay the loan amount in 47 numbers of monthly installments started from dtd. 11.09.2012 to 11.07.2016. The complainant paid the last  installment on dt.18.07.2016 but the O.P.No.1 demanding accrued ODC of Rs.93,350/- only without any justification, hence this case.

The O.Ps. appeared through their counsel after being noticed and submitted that the complainant is a defaulter in making payments of installments. The O.Ps. submitted that the complainant has availed loan of Rs. 24,54,400/- only including interest and charges on dtd.06.08.2012 and the complainant is liable to pay Rs.93,500/- as on dt.10.02.2017. The O.Ps 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. As per the statement of accounts of O.Ps. dtd. 10.02.2017 the complainant was financed a vehicle bearing Regn. No. No. OR-23F-6300 by the O.Ps. for an amount of Rs. 20,54,400/- only including interest and other charges which was to be refunded in 47 numbers of monthly installments started from dtd. 11.09.2012 to 11.07.2016. The complainant has paid Rs.20,54,400/- only and there is net over due interest amounting Rs.93,350/- only upt dated 10.02.2017 due to irregularity in payment of installments in time.

The complainant has paid all the dues amount but due to irregular payment of installments the OD charges increased to Rs.93,350/- only which is based on their terms and conditions of the agreement executed.

 In the above observation we are in considered opinion to allow partly the complaint case with direction to the O.Ps to issue afresh statement of accounts in favour of the complainant and issue No objection Certificate after receiving 50% of the current outstanding dues amount from the complainant.

Accordingly the present complaint case is disposed of.

Order pronounced in the open court today the 20^th day of December’ 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