Orissa

Jharsuguda

CC/92/2014

Monoj Kumar singh S/O-Chandradev Singh - Complainant(s)

Versus

The Manager, L&D finance Ltd - Opp.Party(s)

Santosh kumar dash

10 Mar 2015

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 92 OF 2014

 

Manoj Kumar Singh (33 Yrs),

S/O- Chandradev Singh,

RO: TRL Colony Qr. No.D / 24, Gumadera, 

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

     

                                           

Versus

 

1. The Branch Manager,

L & T Finance Ltd.,Sambalpur Branch,

            At- Jagadamba Complex, Budharaja,Sambalpur,

PO/PS/Dist: Sambalpur, Odisha.

 

2. Go-down Keeper,

Electronic Go-down,

At/PO: Talpatia,

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

 

 

Counsel for the Parties:-

For the Complainant                                  Shri S.K. Dash, Adv. & Associates.

For the Opp. Party No.1                           Shri A.K.Sahoo, Adv. Associates.

 

Date of Order: 10.03.2015

Present

 

                                            1. Shri S.L.Behera, President.

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

 

Shri S. K. Ojha, Sr. Member : - The brief facts of the complainant’s case is that, the complainant has the owner of one Truck bearing Regn. No.OR-23F-5219 which has been financed by the O.P. The complainant was liable to pay the loan amount in 47 nos. of regular monthly installments for amount of Rs.43,310/- only. The complainant could not be able to pay some of the installments due to the said vehicle met with an accident. The O.P. is demanding Rs.13,35,052/- only towards defaulted agreement amount illegally and seized the vehicle without any information to the complainant, hence this case.

 

The O.Ps. appeared through their counsel after being noticed and filed preliminary objection wherein it has been stated that the complainant is a defaulter in making payments of installments and he has outstanding dues of Rs. 5,78,712/- only towards installments and Rs.1,82,314/- only towards other dues upto dated 20.11.2014 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.  As per the Loan-cum-Hypothecation Agreement, the complainant had taken loan of Rs.15,10,000/- only with interest @ 7.80% per annum which was to be paid in 47 nos. of monthly installments started from dtd. 01.01.2012 to 01.11.2015. As per the submission of O.P.NO.1 the complainant was liable to pay Rs.7,61,026/- only till dtd. 20.11.2014 excluding future installments of Rs.5,92,340/- 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 but the said vehicle is still under the possession of O.Ps.

In view of above circumstances, we allow the complaint in partly with direction to the O.Ps to issue afresh statement of accounts of the vehicle bearing No. OR-23-F-5219 and release the vehicle in favour of the complainant after receiving the legitimate outstanding dues amount from the complainant as per agreement.  

            Accordingly the case is disposed of.

Order pronounced in the open court today the 10^th day of March’ 2015 and copy of this order shall be supplied to the parties as per rule.              

                                                        I Agree,                                                                                                

                                         

                                                 S. L. Behera President                                               S.K.Ojha, Sr.Member                                                                                                                             

                                     Dictated and corrected by me

 

                                      S.K.Ojha, Sr.Member