DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO.82 OF 2015
Satya Ranjan jena,
S/O- Prafulla Chandra Jena,
RO: Sarbahal,
PO/ PS/ Dist: Jharsuguda,Odisha………….…………Complainant.
Versus
- Branch Manager,
Bank of India,Jharsuguda Branch,
PO/ PS/ Dist: Jharsuguda, Odisha………..….….…..….…...Opp. Parties.
Counsel for the Parties:-
For the Complainant Shri Deepak Patel, Adv. & Associates.
For the Opp. Party Shri S.K.Dash ,Adv. & Associates.
Date of Order: 18.07.2016
Present
1. Shri S.L.Behera, President.
2. Shri S.K. Ojha, Member.
Shri S. L. Behera, President: - The brief facts of the complainant’s case is that, the complainant avail loan from the O.P. and purchased one Bolero SLX TC2WD vehicle bearing Regn. No.OR-05AM-7003 on dtd.12.10.2010 by paying Rs.2,00,000/- only as down payment and paying the regular installments of EMIs. of Rs.10,822/-. The complainant was paying the installments regularly but in order to pay the other loan account of vehicle Hydra Crane the O.P seized the vehicle on dtd. 22.06.2015 without serving any notice, hence this case.
The O.P. appeared filed a written version through his counsel after being noticed and submitted that the complainant is a defaulter in making payments of installments. The complainant was sanctioned two loan accounts bearing loan account No. 557072310000015 dtd. 18.12.2009 who was having EMIs. of Rs.16,767/- only for 60 months which was to be repaid within dtd. 01.02.2015. Further the complainant was sanctioned another loan ( the present vehicle in question) vide loan account No. 557072310000032 dtd. 12.10.2010 whose EMIs.
was Rs.10,089/- only. The complainant was having outstanding dues of the present vehicle amounting Rs.3,22,760/- only and it was declared Non-Performing Assets (NPA). After declaring NPA the complainant paid Rs.1,30,000/- and a sum of Rs.2,10,336/- only has been outstanding and as per the repayment schedule dtd. 01.02.2015 the complainant has outstanding dues of Rs.3,75,223/- only of having loan account No. 557072310000015. The O.P 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 one Bolero SLX TC2WD vehicle bearing Regn. No.OR-05AM-7003 on dtd.12.10.2010 by the O.P vide loan account No. 557072310000032. The said loan was to repaid by the complainant from dtd. 12.10.2010 to 12.11.2015 and the complainant had taken another loan bearing loan account No. 557072310000015 whose outstanding dues is Rs.3,75,223/- only. As the complainant has filed this case for his loan account No. 557072310000032 there is an outstanding dues of Rs.2,10,336/- only as on dtd. 01.01.2016.
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 in 06(six) numbers of equal monthly installments from the complainant.
Accordingly the case is disposed of.
Order pronounced in the open court today the 18th day of July’ 2016 and copy of this order shall be supplied to the parties as per rule.
I Agree.
S.K.Ojha, Member S. L. Behera, President
Dictated and corrected by me
S. L. Behera, President.
