DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 45 OF 2015
Amitabh Gupta,
S/O- Chainni Gupta,
RO: Kalinagar, Brajrajnagar,
Ps: Orient, Brajrajnagar,
Dist: Jharsuguda,Odisha………………………….…….…………Complainant.
Versus
Branch Manager,
TATA MOTORS FINANCE LTD.,
At: Budharaja,
Dist: Sambalpur, Odisha.……………………….…..….…..….…...Opp. Party.
Counsel for the Parties:-
For the Complainant Shri R.K. Pal, Adv. & Associates.
For the Opp. Party Shri A.K.Sahoo, Adv. & Associaters.
Date of Order: 05.07.2016
Present
1. Shri S.L.Behera, President.
2. Shri S.K. Ojha, Sr. Member.
Shri S. L. Behera, President: - The brief facts of the complainant’s case is that, he has purchased one Truck bearing Regn. No.OD-15-0133 which has been financed by the O.P for an amount of Rs.21,77,040/- only. The O.P assured the complainant to charge the rate of interest @ 7.5% per annum on the loan amount and on good faith the complainant signed on blank forms of the agreement and also handed over signed blank cheques to the representative of O.P. The complainant has to repay the loan amount on or before 02.08.2016 where the complainant has paid Rs.15,00,000/- only upto May,2015 and he has to pay Rs.6,77,000/- only within the stipulated period. The O.P has not provided any copy of agreement and as a result the complainant is in dark on the rate of interest. The complainant could not paid some of the installments in time due to non-providing of copy of agreement and Rs.1,20,000/- is due but the O.P threatening to seized the vehicle illegally , 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. The finance amount of complainant with interest was to be paid in 47 numbers of installments of Rs.46,320/- only per month till the end of agreement i.e. dtd. 02.08.2016 starting from 02.10.2012. Till the filing of written version the complainant was to pay Rs.2,68,390/- only towards installment due and Rs.85,022/- only towards over due charges. The O.P. further submitted that the matter was referred to an arbitrator and award has been passed on dtd. 26.05.2015 by the arbitrator and since the award has already been passed consumer forum has no power to decide this complaint petition. Citing various decisions of the Apex court and Hon’ble National CDR Commission the O.P prayed for dismissal of the case.
Heard and perused the case record along with materials available. The complainant was financed a one Truck bearing Regn. No.OD-15-0133 which has been financed by the O.P for an amount of Rs.16,15,000/- only which was to be refunded in 47 numbers of monthly installments with interest till the end of 02.08.2016. As per the statement of accounts issued by O.P dtd. 06.09.2015 the complainant has paid Rs.13,99,130/- out of total contract value including interest of Rs.21,77,040/- only. Till date the complainant was to pay Rs.2,68,390/- only towards over due installment and Rs.85,022/- only towards accrued ODC. The matter was referred to an arbitrator and after deciding an award has been passed on dtd. 26.05.2015 under Arbitration & Conciliation Act,1996.
On the above ground Hon’ble National CDR Commission has decided in the matter between the Installment Supply Ltd. Vrs. Kangra Ex-Serviceman Transport Company & another wherein it has been held that “ a complaint cannot be decided by the Consumer Fora after an arbitration award is already passed” reported in 2006(3)CPR-339(NC).
Relying on above citation and as the award has been passed on 26.05.2015 and the case was filed on 02.06.2015 i.e. before the filing of this case, this Hon’ble Forum dismiss the complaint petition with no costs.
Accordingly the case is disposed of.
Order pronounced in the open court today the 5th day of July’ 2016 and copy of this order shall be supplied to the parties as per rule.
I Agree.
S.K.Ojha, Sr.Member S. L. Behera, President
Dictated and corrected by me
S. L. Behera, President.
