Orissa

Rayagada

CC/442/2015

Sri Prasana Kumar Mllibonia - Complainant(s)

Versus

The Branch Manager, TATA motors Finance Ltd., - Opp.Party(s)

Self

10 Apr 2017

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA

                                     C.C. Case  No.442/ 2015.

                                               

 P R E S E N T .

Sri Gadadhara Sahu,B.Sc.                                        Member

Smt.Padmalaya Mishra,LL.B                                       Member

        Sri Prasanna Kumar Malliboina, S/o Jagannaikulu Malliboin, aged 42 years,     Resident of Indiranagar,5^th Laine, Rayagada, Po/Ps/Dist. Rayagada, Odisha.

                                                                                …….Complainant

                                        Vrs.

1. Branch Manager, TATA Motors Finance Limited, Sambalpur Branch,2^nd Floor, Balaji Towars,Sambalpurt-768001,Dist.Sambalpour(Odisha).
2. Regional Manager, TATA <Motors Finance Ltd.,Nanavati Mahalaya,3rd  Floor,18 Homimodya Street,Muimbai,Pin Code 400 001,Maharastra State.                                                                        ……….Opp.Parties

 Counsel for the parties:

For the complainant: Sri V.R.M.Patnaik, Advocate,Rayagada.

For the O.Ps: Set Exparte.

 

                                               JUDGMENT

The brief facts of the case is that the complainant had purchased a SUMO GOLD GX bearing Regn. No.OD-18 1779   having borrowed finance of Rs.6,39,000/-,financial charges Rs.2,40,775/- and insurance  of Rs.70,500/- and the total contract value of the vehicle is Rs.9,50,275/- from the OP 1 on 28.11.2012 and the  total monthly instalments is 47 months  and the last date of payment of the instalment is on 02.11.2016  and complainant paid the first   monthly instalment on 03.01.2013   and so far the complainant has deposited  Rs.4,45,246.85 . But out of the total amount  the   OP 1 has deducted Rs.2,00,281.59 and showing the principal amount deposited by the complainant is Rs.2,44,965.26  and claiming the balance due  of Rs.4,42,514.74. The last date of payment of instalments is 02.11.2016 but the OP1  is pressing hard to pay the entire balance amount immediately otherwise he is trying to repossess the vehicle  with his muscleman. The complainant is a poor man, if the OP 1 repossess the vehicle  he cannot deposit the balance  loan  amount .  The agent of the OP 1  used to collect the installment dues from the complainant abut not depositing the amount  with the company as such the OP 1  has recovered OD amounting   of Rs.2,00,281.59. Hence, prayed to direct the Ops  not to deduct any OD from the complainant and  the complainant is  ready to  pay the balance amount within the schedule date of repayment i.e. on 02.11.2016.Hence, this complaint.

Being noticed, the O.ps neither appeared nor filed written version as such the Ops were set exparte. We perused the complaint petition, documents filed by the complainant. It is the case of the complainant  that he  has availed loan  of Rs.9,50,275/-  for purchase of a  Sumo Gold GX vehicle   and agreed to repay the amount loan with interest in 47 instalments.  As per  the complainant he  has already paid  Rs.4,45,246.85/- for the said loan amount but the OP 1 has deducted only Rs.2,00,281.59 and showing the principal amount deposited by the complainant is Rs.2,44,965.26  and claiming the balance due  of Rs.4,42,514.74.   and while the matter stood   the local agents  of  the OP 1  has  approached the complainant to seize  the vehicle  or to pay the due amount  payable to the OP 1. Now  the Ops  claims further outstanding amount  of Rs.1,50,000/- but the complainant is not in position to pay the said amount  and he submitted that he is ready to pay the balance amount within the schedule  date  i.e. 02.11.2016  .

    Since the Ops were set exparte and they have not appeared and not filed any written version, the forum remain in dark regarding the payment  of the loan amount and the rate of interest charged by them.      Hence, we believed the contentions of the complainant  and we found deficiency in service on the part of the Opposite Parties and it is opined that as the complainant has already deposited Rs.4,45,246.85 out of  the loan amount of Rs.9,50,275/-  and  the Ops have to claim their balance loan amount  and they can not claim any OD amount from the complainant as the complainant has paid the same in time and due to the latches of their agent the complainant is  not liable to pay the OD amount. It is admitted by the complainant that he is ready to pay the loan amount within the scheduled date i.e. 02.11.2016 but as the scheduled date has already over  the  OP has to allow the complainant  and give  the same time i.e. 14 months (which was October,15 to November,2016)  to clear the loan amount. Hence, it is ordered.

                                     ORDER

                Hence, as per our above findings, the Opposite Parties are  directed not  to claim any OD amount and deduct the total deposited amount of Rs.4,45,246.85 out of the loan amount of Rs.9,50,275/- and allow the complainant to clear up the rest  loan within 14 months i.e.  within the  scheduled period as earlier allowed by the Ops. There shall be no order as to cost and compensation. Parties to bear their own cost.                  Pronounced in open forum today on this  15^th day of April,2017  under the seal and signature of this forum.

                 A copy of this order as per the statutory requirements , be forwarded to the parties    free of charge.

 

             Member                                                         President I/c

Documents relied upon:

By the Complainant:

1. Repayment schedule
2. Permit in respect of  Contract Carriage
3.  Permit to carry passengers
4. Summary to be exhibited on the vehicle
5. Details of Repayments

                                                                     President I/c