Orissa

Jharsuguda

CC/105/2014

Ajay Singh S/O-Ram Pukar Singh - Complainant(s)

Versus

The Branch Maneger ,Tata Motors Finance .Ltd - Opp.Party(s)

N.K.Mishra

28 Jul 2015

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO.105 OF 2014

 

Ajay Singh ( 35 Yrs.),

S/O- Ramnarayan Singh,

RO: Gumadera, PO/PS: Belpahar,

Dist: Jharsuguda, Odisha,

Power of Attorney holder of Kanhai Singh,

S/O- Ramnarayan Singh, RO: Gumadera, PO/PS: Belpahar,

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

     

                                           

Versus

 

1. Branch Manager,

Tata Motors Finance Ltd.,

At- Sambalpur Branch, Balaji Towers, GM College Road, Sambalpur,

PO- Sambalpur, PS/ Dist- Sambalpur, Odisha.

 

2. Chandan Srivastav, ( Collection Agent),

S/O: Akhilesh Srivastav,

Tata Motors Finance Ltd.,

At- Mahavir Nagar, Brajrajnagar,

PO/PS: Brajrajnagar, Dist: Jharsuguda, Odisha..………………………..Opp. Parties.

 

Counsel for the Parties:-

For the Complainant                           Shri N.K.Mishra, Advocate.

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

 

Date of Order: 28.07.2015

 

Present

 

                                                                                 1. Shri S.L.Behera, President.

                                                                                2. Shri S.K. Ojha, Sr. Member.

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

                                            

Shri S. L. Behera, President : - The brief facts of the complainant’s case is that, on the strength of General Power of Attorney the complainant filed this case on behalf of one Kanhai Singh son of Ramnarayan Singh.  The complainant / Executant  had purchased one Tata LPS-4018-TC bearing Regn. No.OR-23F-3455 which has been financed by the O.Ps for an amount of Rs.15,30,000/- only wherein interest of Rs.4,71,600/- only  has been added ( in total Rs.20,01,600/- only) which the complainant was liable to pay in 45 nos. of  installments for amount of Rs.44480/- only per month. The complainant has paid Rs.11,74,740/- only and cleared 28 nos. of EMIs, but the account statement of O.Ps

 

Rs.11,52,420/- only  moreover the complainant paid Rs.1,00,000/- only i.e. in the month of October’2014 and Rs.50,000/- in November’2014 Rs.50,000/- only respectively. Instead of giving clarification for the said difference amount of Rs.22,320/- only the O.Ps are demanding Rs.1,81,980/- more from the complainant , hence this case.

            The O.Ps. appeared through his counsel after being noticed and submitted his written version wherein it has been stated that the complainant is a defaulter in making payments of installments.  The O.Ps. submitted that the complainant has outstanding dues of RS.1,67,180/- only towards installments and Rs.93,971/- only towards overdue charges.  The O.Ps further submitted that the matter was referred to the sole arbitrator where after following due procedures passed the award on dtd. 10.11.2014 under Arbitration and Conciliation Act, 1996, as such the case is not maintainable and with denying all the allegations imposed by the complainant, the O.Ps prayed for dismissal of the case.

Heard and perused the case record along with materials available.

 As per the Repayment Schedule the loan started from dtd. 15.04.2012 to 15.12.2015.  As per the statement of accounts filed by the O.Ps dtd. 23.03.2015 the O.Ps have received Rs.14,34,100/- only and due till date Rs.16,01,280/- only , Overdue installment Rs.1,67,180/- only and Accrued ODC Rs.93,971/- only.

The O.Ps. have sanctioned loan facility to the complainant to purchase the vehicle, against which the complainant should also repay the same in time but sometimes he fails to do so.  However, the O.Ps. complied the Interim Order passed by this Hon’ble Forum and now the said vehicle is in possession of the complainant which the complainant must repay the outstanding dues in time. Moreover the matter has been awarded by the sole arbitrator under Arbitration and Conciliation Act,1996.

In view of above circumstances, we do not found any merit on the part of complainant, hence we dismiss the case with no costs.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 28^th   day of July’ 2015 and copy of this order shall be supplied to the parties as per rule.

             

                                                     I Agree.                       I Agree,                                                                                               

                                         

                                      S.K.Ojha, Sr.Member        A.Nanda, Member (W)         S. L. Behera President

                

                                  Dictated and corrected by me

 

                                    S. L. Behera, President.