Orissa

Jharsuguda

CC/64/2017

Smt. Sabita Moharan, W/O- Sri. Srikanta Moharan - Complainant(s)

Versus

Branch Managar, Tata Motars Finance Ltd. - Opp.Party(s)

P.R. Singh Deo

12 Feb 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 64 OF 2017

 

Sabita Moharana,

W/O- Srikant Moharana,

RO: Gandhinagar, Belpahar,

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

                                                 

Versus

 

1. Branch Manager,

Tata Motors Finance Ltd., Sambalpur Branch,

At: Balaji Towers, 2^nd Floor GM College Road,Sambalpur,

Dist: Sambalpur, Odisha.

 

2. Branch Manager,

Tata Motors Finance Ltd., Bhubaneswar Branch  

1^st Floor Keshari Talkies, Kharvel Nagar,

Bhubaneswar, Dist: Khurda-751001.…...…….…..….……..Opp. Parties.

 

Counsel for the Parties:-

For the Complainant                                  P.R.Singhdeo, Adv. & Associates.

For the Opp. Paries                                 T.K.Harichandan,Adv. & Associates.

 

Date of Order: 12.02.2018

 

Present

1. Shri Sundar Lal Behera, President.

                                                                                 2. Shri Santosh Kumar Ojha, Member.

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

 

Shri Sundar Lal Behera, President: -The brief facts of the complainant’s case is that, the complainant avail loan of Rs.6,00,000/- only plus interest from the O.Ps. and purchased one vehicle bearing Regn. No.OR-09K-5824 which was to be returned with interest within 15.06.2018 in monthly installments. The complainant has paid  Rs.2,19,870/- only and Rs.92,265/- only is due but the O.Ps are demanding Rs.1,18,435/- only illegally and threating to seize the vehicle, hence this case.

The O.Ps. appeared through their counsel after being noticed and submitted that the complainant is a defaulter in making payments of installments. The complainant is liable to pay Rs.4,58,635/- only towards outstanding dues till the date of filing of written version and denied all the allegations imposed by the complainant, prayed for dismissal of the case.

Heard and perused the case record along with materials available. As per the statement of account issued by the O.Ps dtd. 19.06.2017  the complainant had taken loan of Rs.6,00,000/- only and including all charges the contract value in Rs.7,07,365/- only out of which the complainant has paid Rs.2,19,870/- only.  The complainant had overdue installment till that date was Rs.1,18,435/- only.  The instalment started from 15.08.2016 to 15.06.2018. The complainant filed an evidence in chief in shape of affidavit and submitted that he has paid a sum of Rs.4,87,820/- only and also filed a statement of account dt.08.02.2018.  

As the complainant was paying the installments to the O.Ps. and he is agreed to clear all the dues within the agreement period in the other hand the O.Ps. are also entitled to get the dues amounts.

On the above observations the complaint petition is hereby partly allowed with directions to the O.Ps. to issue afresh statement of accounts showing the actual amount paid by the complainant and receive the dues amounts from the complainant within in the period of agreement. The complainant is also directed to pay the dues to the O.Ps regularly in default the O.Ps are ate liberty to take action as per agreement.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 12^th day of February’ 2018. Free copy of this order shall be supplied to the parties as per rule. 

          I Agree.                I Agree

                                                                                                                       

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

                                                         

Dictated and corrected by me

 

          S.K.Ojha, Member