| Complaint Case No. CC/94/2020 | | ( Date of Filing : 12 Nov 2020 ) |
| | | | 1. Dharmendra Kumar Pradhan | | Occupation. Cultivation, resident of village. Hirlipali (Dumberpali), Po. Hirlipali, Ps/Tahasil. Attabira, Dist. Bargarh | | BARGARH. | | ODISHA |
| ...........Complainant(s) | |
| Versus | | 1. (1) The Managing Director, Sri Ram Finance Corporation Pvt. Ltd, Bargarh. | | Sri Ram Finance Corporation Pvt. Ltd, Bargarh, At. Old Zira Toll Gate, Bhatli Chowk, Bargarh, Po/Ps/Dist. Bargarh | | BARGARH. | | ODISHA | | 2. (2) The Managing Director, Sir Ram Finance Corporation Pvt. Ltd, Anupam Nagar | | Sankar Nagar infront of T.V. Tower, 29/B 7, Raipur. 492007 (Chhatisgarh). | | Raipur | | Chhatisgarh |
| ............Opp.Party(s) |
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| Final Order / Judgement | Date of filing:- 12/11/2020. Date of Order/Judgement:-28/03/2023. DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION, B A R G A R H. Consumer Complaint No. 94 of 2020. Dharmendra Kumar Pradhan, son of Durllava Pradhan, aged about 44 years, Occupation. Cultivation, resident of village. Hirlipali (Dumberpali), Po. Hirlipali, Ps/Tahasil. Attabira, Dist. Bargarh. Complainants. V e r s u s - The Managing Director, Sri Ram Finance Corporation Pvt. Ltd, Bargarh, At. Old Zira Toll Gate, Bhatli Chowk, Bargarh, Po/Ps/Dist. Bargarh.
- The Managing Director, Sir Ram Finance Corporation Pvt. Ltd, Anupam Nagar, Sankar Nagar infront of T.V. Tower, 29/B 7, Raipur. 492007 (Chhatisgarh).
Opposite Parties. Counsel for the Parties:- For the Complainant :- :- Sri S.N. Padhi and Associates. For the Opposite Party No.1 & 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.28/03/2023. -: J U D G E M E N T:- Presented by Smt. Anju Agrawal, Member (w):- - The Case of the Complainant is that the Complainant has purchased a vehicle (TATA WINGER) bearing Regd. No. OD 31 A 3133 for his livelihood and the said vehicle was refinanced from the Branch office of Opposite party No.1 vide loan Account No. 29158, App. No. C0135 with a refinancing disbursement amount of Rs. 2,60,000/-(Rupees two lakh sixty thousand)only with a rate of 11.4% interest per year. The Opposite Party No.1 on Dt. 22/12/2017, disbursed an amount of Rs. 1,75,000/-(Rupees one lakh seventy five thousand)only in the Ist phase to the SB, Account of Complainant and committed to disburse the rest amount of Rs.85000/-(Rupees eighty five thousand)only in the S.B. Account of the Complainants after entering of hypothecation the Opposite Party No.1 did not then up to disburse the rest refinance loan amount of Rs.85000/-(Rupees eighty five thousand)only. The Complainant has paying an EMI of Rs.11,137/-(Rupees eleven thousand one hundred thirty seven)only against the total refinancing amount of Rs. 2,60,000/-(Rupees two lakh sixty thousand)only. The Complainant continued the repayment of the said E.M.I. till June 2019 without any default. The Complainant on Dt. 01/07/2019 in writing write a letter to Opposite party No.1 to provide account statement regarding the balance repayment but the Opposite parties remained silent. The Complainant has already paid 19 nos of E.M.I. regularly totaling an amount of Rs. 2,11,603/-(Rupees two lakh eleven thousand six hundred three)only against the refinanced loan amount of Rs. 1,75,000/-(Rupees one lakh seventy five thousand)only. Further the Opposite Parties have illegally misutilised the blank cheque of guarantor Laxmana Padhan and withdrawn an amount of Rs.25,000/-(Rupees twenty five thousand)only from his S.B. Account bearing No. 107775894053 on Dt. 17/07/2020. On Dt. 14/08/2020, the Complainant served a pleader notice through his Advocate but the Opposite Party did not replied and issued demand notice to another guarantor Bedabyas Naik to collect installments from the Complainant. So, Being aggrieved the Complainant sought redressal before this Commission.
- The Case of the Opposite party is that the Opposite Party did not appear before this Commission and hence, set exparte on Dt. 02/01/2023.
- Perused the documents filed by the Complainants and it reveals that the Complainant had purchased a vehicle (TATA WINGER) bearing Regd No. OD 31 A 3133 and the said vehicle was refinanced by the branch office of Opposite Party No.1 vide loan Account No. 29158 for an amount of Rs. 2,60,000/-(Rupees two lakh sixty thousand)only. The Opposite Party No.1 on Dt. 22/12/2017 disbursed on amount of Rs. 1,75,000/-(Rupees one lakh seventy five thousand)only to the Complainant. The remaining Rs.85000/-(Rupees eighty five thousand)only has not been disbursed in the account of Complainant. It is also admitted by the Opposite Party vide reg. notice Dt. 03/02/2021 that the loan financed is Rs. 2,60,000/-(Rupees two lakh sixty thousand)only. The account statement of the Complainant reflects that the Complainant has paid 19 installments out of 30 installments. The Opposite Party has not paid the rest amounts of loan i.e. Rs.85000/-(Rupees eighty five thousand)only to the Complainant. Hence, the Opposite Party has committed unfair trade practice as he has not reimbursed the loan as per the finance loan to the amount of Complainant. Further the Opposite Party has not appear in this Commission, So the Complaint petition is decided on merit. The Opposite Party have committed deficiency in service by not providing the accounts statement and further calculating the loan amount of Rs. 2,60,000/-(Rupees two lakh sixty thousand)only without paying Rs.85000/-(Rupees eighty five thousand)only of loan to the Complainant.
Accordingly, It is ordered. O R D E R The Complaint is allowed exparte against the Opposite Party. The Opposite Party are jointly directed to recalculate the installments in respect of sanctioned amount i.e. 1,75,000/-(Rupees one lakh seventy five thousand)only and further the Opposite Party is directed to issue fresh account statement regarding the loan and to refund if excess amount is paid by the Complainant if any to the account of Complainant within one month of this order. Further, the Opposite Party is directed to pay Rs. 30,000/-(Rupees thirty thousand)only for mental harassment and Rs. 5000/-(Rupees five thousand)only for litigation expenses to the Complainant within one month of this order, failing which the entitle amount will carry 12% interest till realization. The Opposite Party is directed to issue NOC after settlement of the said loan. | | |
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Order pronounced in open court on 28th day of March 2023. Supply free copies to the parties. Typed to my dictation and corrected by me. I agree/- ( Smt. Jigeesha Mishra) (Anju Agarwal) Dt.28/03/2023 Dt.28/03/2023. P r e s i d e n t. M e m b e r (w) Uploaded by (Sri Dusmanta Padhan) Office Assistant. | |
