Date of filing:- 21/11/2019.                                                                                Date of Order:-26/06/2023.                                         

                                      DISTRICT CONSUMER DIPUTES REDRESSAL COMMISSION

B  A  R  G  A  R  H

CONSUMER COMPLAINT  NO. 97 OF  2019

Jitendra Bagarti, S/o. Atmaram Bagarti, aged about 24 years, Occupation. Private Job, Resident of Talipada, W.No.2, Bargarh, Po/Ps/Tahasil/Dist. Bargarh.                    Complainant.

-: V e r s u s :-

(1) The Manager, Shri Ram Finance Corporation Pvt.Ltd, 29/B 7, Parishram Tower, Shankar Nagar, Raipur (Chhatisgarh), Pin. 492007.

(2) The Branch Manager, Shri Ram Finance Corporation Pvt. Ltd, Near Suzuki Show Room, N.H. 6, Bargarh 768028.                                                                                                          

                                                                                                                        Opposite Parties.

Counsel for the Parties:-

For the Complainant :-                          :- Sri Manoj Kumar Satapathy with Associates.

For the Opposite Party No.1 and 2:-     :- Exparties.

                                                -: P  R  E  S  E  N  T :-

Smt. Jigeesha Mishra            .....       .....       .....       .....       .....       P r e s i d e n t.

Smt. Anju Agarwal             .....         .....       .....       .....       .....       M e m b e r (W).

Dt.26/06/2023.                                 -: J   U  D   G  E  M  E  N  T:-

Presented by Smt. Anju Agarwal,  Member (w) :-

1. The Case of the Complainant is that the Complainant has purchased one Apache 160 4V Motorcycle being Financed by the Shri Ram Finance Corporation Pvt. Ltd. The cost of the Motorcycle was Rs. 1,05,000/-(Rupees one lakh five thousand)only as down payment and the rest amount Rs. 65,000/-(Rupees sixty five thousand) has been financed. The EMI was scheduled to be Rs. 3,250/-(Rupees three thousand two hundred fifty)only. The Complainant has been regularly  paying the EMI as per schedule but the EMI dated 28/07/2019 cannot be paid as it was  Sunday and the EMI was paid on next working i.e. on 29/07/2019, but the Opposite Parties have received a sum of  Rs. 3,930/-(Rupees three thousand nine hundred thirty)only instead of  Rs. 3,250/-(Rupees three thousand two hundred fifty)only illegally. The Complainant has raised his grievance before the Opposite Party No.2, also a letter was served but the Opposite parties remained silent. Being aggrieved, this Complaint petition was filed.

2. The Case of the Opposite Party No.1 and  is that the Opposite Parties did not appear before this Commission. Hence, both the Opposite parties are set exparte.
3. Perused the documents filed by the Complainant and it reveals that the Complainant has taken finance from the Opposite Parties for New TVS Apache 160 4v Motorcycle bearing Regd No. OD 17 Q 8026 vide loan No. 146657. The said EMI was 3,520/-(Rupees three thousand five hundred twenty)only dated 28^th of every month. For the month of July, the EMI was scheduled to be paid on 28/07/2019 but the day was Sunday. The Complainant deposited the  EMI on the next working day to the Opposite Party No.2 and the Opposite No.2 has given the loan receipt of Rs. 3,930/-(Rupees three thousand nine hundred thirty)only and the messages sent by the Opposite Parties reflects  that the Opposite Parties have taken excess amount from the Complainant in terms of EMI which amounts to unfair trade practives on the part of the Opposite Parties. The Complainant has rightly done his duty by paying his EMI on the next working day.  The case and claim of the Complaint as per Complaint petition along with evidence on affidavit has not been disputed by the Opposite Parties due to their non appearance before this Commission. Accordingly the Complaint duly supported by the documentary evidence along oral evidence as submitted by the Complainant on record stands proved as those are neither rebutted non controverted. Hence the Complainant is entitled for the relief claimed.

Accordingly it is ordered.

O R D E R

The Complaint is allowed exparte against the Opposite Parties. The Opposite Party No.1 and 2 are directed to refund excess amount  @ 9%  P.A. w.e.f 28/07/2019 till realization to the Complaint. Further the Opposite party No.1 and 2 are directed to pay Rs. 5000/-(Rupees five thousand)only as compensation towards harassment and 3000/-(Rupees three thousand)only towards litigation expencess within one month of this order failing which the entire order will carry 12 % P.A.till realization.

Order pronounced in open court on this 26^th day of  June 2023.

            Supply free copies to the parties.  

       Typed to my dictation

                                                                                           and corrected by me.                                                                                            

                 I  agree/-                                                                       

       ( Smt. Jigeesha Mishra)                                                                  (Smt. Anju Agarwal)

              Dt.26/06/2023                                                                                  Dt.26/06/2023

              P r e s i d e n t                                                                                 M e m b e r (w)