DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 111 OF 2014
Vidya Sagar Harijan (38 Yrs.),
S/O- Chandrika Prasad Harijan,
R/O: Budhijam Colony, Orient Area,
PS: Orient, Dist: Jharsuguda, Odisha………………………….………………Complainant.
Versus
- The State Head, Hinduja Finance Ltd.,
3rd Floor, Plot No.392
Vinayak Bajaj Show Room,
Luish Road, Bhubaneswar.
- Branch manager,
Hinduja Finance Ltd.,Budharaja, Sambalpur, Odisha.
- Rabi Moharana,
At: Gumadera, PO/PS: Belpahar,
Dist: Jharsuguda, Odisha…….………………………...….…....….…...Opp. Parties.
Counsel for the Parties:-
For the Complainant Shri M.K. Suna, Adv. & Associates.
For the Opp. Parties Shri A.K.Sahoo, Adv. Associates.
Date of Order: 29.06.2015
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 Trailer bearing Regn. No.OR-23A-1208 which has been financed by the O.P for an amount of Rs.26,00,000/- only without interest. The complainant has paid Rs.6,00,000/- only till the date of filing. The complainant could not be able to pay some of the installments in time due to suffering from brain tumor for which the complainant defaulted Rs.4,87,000/- only till date of filing as a result the O.P. has seized his said vehicle loaded with coal of Rs.3,00,000/- only illegally and threatened to auction sale the same, hence this case.
The O.Ps. appeared through their 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.P further submitted that the complainant has taken loan which was to be repaid by the complainant of Rs.10,06,728/- only in total in 46 EMIs., where he has paid Rs.6,70,000/- only and there is outstanding dues of Rs.4,53,600/- only towards EMIs and Rs.1,20,580/- only towards other expenses and denying all the all the allegations made by the complainant. The O.P has prayed for dismissal of the case.
As the vehicle is in the possession of the O.P the complainant prayed before this Forum by filing a Misc-case bearing No. 66 of 2014 for passing an Interim Order directing the O.P to release the vehicle by receiving Rs.3,00,000/- only from the complainant, accordingly as per the facts and circumstances this Hon’ble forum pleased to pass and interim order in favour of the complainant as prayed above. Being aggrieved against the said order the O.P preferred revision before the Hon’ble state C.D.R.Commission, Cuttack where Hon’ble State C.D.R.Commssion pleased to disposed of the said revision petition bearing No. 10 of 2015 on dtd. 19.05.2015 as, “Considering the rival submission of learned counsel for the parties, it is ordered that on payment of Rs.5,00,000/- by the opposite party to the petitioners within three weeks of receipt of this order, the latter shall release the repossessed vehicle in his favour and the balance EMIs pending shall be equally spread over to 13 months and each spread over amount shall be paid along with the current EMI”.
Heard and perused the case record along with materials available.
As the dispute is regarding repossession of vehicle by the O.Ps due to the complainant defaulted Rs.4,87,000/- only at the time of repossession of vehicle due to the complainant was suffering from brain tumor, where he has spent a huge amount for his treatment but the dues continuously enhancing. Considering the above mentioned circumstances the Hon’ble state CDR Commission has decided the matter by directing the O.Ps. to release the vehicle by receiving Rs.5,50,000/- only from the complainant and the balance EMIs, pending shall be paid by the complainant in 13 nos. of equal monthly installments along with current EMIs.
Relying upon the above mentioned order of Hon’ble State CDR Commission this Hon’ble Forum allows the complaint petition by directing the O.Ps. to release the vehicle by receiving Rs.5,50,000/- from the complainant within three weeks from the date of receipt of this order and the balance EMIs. pending shall be paid by the complainant in 13 nos. of equal monthly installments along with current/ future EMIs.
Accordingly the case is disposed of.
Order pronounced in the open court today the 29th day of June’ 2015 and copy of this order shall be supplied to the parties as per rule.
I Agree. I Agree,
SLK.Behera, President A.Nanda, Member (W) S. K. Ojha, Sr.Member
Dictated and corrected by me
S. K. Ojha, Sr. Member.