Orissa

Jharsuguda

CC/17/2014

MR,Jitendra Singh S/O-Shayam Naryan Singh - Complainant(s)

Versus

The Manager,L&T Finance Ltd,Budharaja,Sambalpur - Opp.Party(s)

B.N DuttY

21 Jan 2015

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 17 OF 2014

 

Jitendra Singh (30 Yrs),

S/O- Shyam Narayan Singh,

RO: Mandalia, PO: Brajrajnagar, PS: Orient,

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

      

                                           

Versus

 

Manager,

L & T Finance Ltd, Budaraja, Sambalpur,

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

 

 

Counsel for the Parties:-

For the Complainant                                  Shri B.N. Dutta, Adv. & Associates.

For the Opp. Party                                   Shri A.K. Sahoo, Adv. Associates.

 

Date of Order: 21.01.2015

 

                                                                                                  Present

                                                  

                                                                                   1. Shri S.L.Behera, President

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

                                                                                  3. Smt. A. Nanda, Member.

 

Shri S. K. Ojha, Sr. Member: - The brief facts of the complainant’s case is that, he has purchased one Ten wheeler Truck bearing Regn. No.OR-23-E-0100 which has been financed by the O.P.  The complainant was liable to pay the loan amount in regular EMIs., The said vehicle caught hold of fire on dtd. 03.06.2013 and fully damaged.  The matter has been informed to the O.P as well as to the concerned Police Station, thereafter shifted to a Body Garage for repairing purpose.  The complainant spent huge amount towards repairing of the vehicle, but while plying on road the O.P threatened to seize the vehicle , hence this case.   

The O.P. appeared through his counsel after being noticed and submitted that, the complainant was sanctioned loan of  Rs.13,30,000/- only against the vehicle which the complainant was liable to pay in 47 nos. of monthly EMIs. The complainant is a defaulter in making payment of installments who has outstanding dues of Rs.9,21,577/- only and denied all the allegations imposed by the complainant and prayed for dismissal of the case.

Heard and perused the case record along with materials available.  As per the fire certificate issued by the Fire Officer, Sambalpur, it has been cleared that, the vehicle of complainant caught with fire on dtd. 03.06.2013. Although the O.P failed to file the current statement of accounts of the vehicle in question, the complainant was liable to pay Rs.9,21,577/- only on the date of filing of written version by the O.P.  After getting relief in the shape of Interim Order passed by this Hon’ble Forum, the O.P complied the same and since date the complainant is in physical possession of the said vehicle in question, plying the same, thus it is the prime duty of the complainant to repay the outstanding dues along with regular EMIs. to the O.P.

On the above facts and circumstances there is no any merit found on the part of complainant, hence we are in considered opining to dismiss the complaint petition with no cost to either of the parties.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 21^st day of January’ 2015 and copy of this order shall be supplied to the parties as per rule.              

                                                                               I Agree,                               I Agree,

                                                                                                                      

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

 

                                                                 Dictated and corrected by me

 

                                                                  Sd/- S. K. Ojha, Sr. Member