Orissa

Jharsuguda

CC/106/2014

Sunil Viskarma S/O-Dineswar Viskarma - Complainant(s)

Versus

The Branch Maneger Hinduja Leyland Finance Ltd - Opp.Party(s)

B.N.Dutta

28 Jun 2016

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 106 OF 2014

 

Sunil Viswakarma (38 Yrs),

S/O- Dineswar Visakarma,

RO: Junadihi ( Samda), 

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

                                                 

Versus

 

Hinduja Leyland Finance Ltd.,

At: Budharaja, Ps: Ainthapali,

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

 

 

Counsel for the Parties:-

For the Complainant                                  Shri P.R. Singhdeo, Adv. & Associates.

For the Opp. Party                                   Shri A.K.Sahoo, Representative

 

Date of Order: 28.06.2015

 

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 AL-4019 / 01 Trailler bearing Regn. No.OD-23A-1315 which has been financed by the O.P for an amount of Rs.25,00,000/- only including interest. The complainant could not paid some of the installments in time due to some unavoidable circumstances which was not intentional.  The complainant is agreed to pay the balance loan amount along with interest within last due date of finance i.e. 01.11.2017 but the O.P is demanding Rs.2,80,000/- only illegally towards overdue charges and threating to seize the vehicle.  Due to non-supplying of the true and correct statements of outstanding dues and harassing the complainant the case has been filed for proper adjudication.

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 48 numbers of installments till the end of agreement i.e. dtd. 01.11.2017. Till the end of December,2014 the complainant was to pay Rs.9,60,625/- only but the complainant has paid only Rs.6,71,000/- and there is deficiency of Rs.Rs.2,89,625/- only The O.P further submitted that after taking interim order the complainant has not paid any amount towards his dues and with denying all the allegations imposed by the complainant, the O.P has prayed for dismissal of the case.

Heard and perused the case record along with materials available. The complainant was financed a one AL-4019 / 01 Trailler bearing Regn. No.OD-23A-1315  by the O.P for an amount of Rs.25,00,000/- only which was to be refunded in 48 numbers of monthly installments till the end of 01.11.2017.  The EMIs. were variable amounting Rs.74,125/-, 73,625/-, 69,125/- depending upon numbers of installments.  As per the statement of accounts issued by O.P dtd. 22.06.2016 the complainant has paid Rs.10,53,000/- out of total outstanding dues till date amounting Rs.23,88,711/- only.  The balance amount of Rs.13,35,711/- only is still dues over the complainant to pay to the O.P.

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 28^th day of June’ 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.