DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 43 OF 2014

Prasanna Kumar Pattanaik (36 Yrs),

S/O- Late Gopendra Pattanaik,

RO: Gumadera (Malipara), 

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

Versus

The Branch Manager,

Sriram Transport Finance Co. Ltd., Jharsuguda Branch,

 Priyanka Complex, 2^nd Floor, Beheramal

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

Counsel for the Parties:-

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

For the Opp. Party                                   Shri  N.Biswal, Adv. Associates.

Date of Order: 04.03.2015

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, the complainant has the owner of one Ten wheeler Truck bearing Regn. No.OR-23B-5813 which has been financed by the O.P for an amount of Rs.7,14,731/- only without interest. The complainant was liable to pay the loan amount in 34 nos. of regular monthly installments. The complainant has paid Rs.3,61,500/- only till date of filing of this case and the last due date is dtd.05.11.2015.  The complainant could not be able to pay some of the installments due to burden of education expenditure of his sons. The O.P. is demanding Rs.2,30,000/- only towards overdue charges illegally and threatening the complainant to seize his vehicle, hence this case.

The O.P. appeared through their counsel after being noticed and filed written version wherein it has been stated that the complainant is a best example of defaulter in making payments of installments and he has outstanding dues of Rs.6,79,367/- only upto dated 06.08.2014 including future installments and with denying all the allegations imposed by the complainant, the O.P has prayed for dismissal of the case.

Heard and perused the case record along with materials available.  As per the Loan-cum-Hypothecation Agreement, the complainant was liable to pay in 34 nos. of monthly installments whereas one Repayment Schedule filed by the complainant mentioned loan w. e .f 05.02.2013 to 05.11.2015.  As per the submission of O.P the complainant is liable to pay of Rs. 6,79,367/- only but failed to file any statement of accounts reflecting the actual outstanding dues on complainant.

The O.P has sanctioned loan facility to the complainant to purchase the vehicle, against which the complainant should also repay the same in time but sometimes he fails to do so.  However, the O.P complied the Interim Order passed by this Hon’ble Forum and now the said vehicle in possession of the complainant which the complainant must repay the outstanding dues in time but the O.P. failed to file any statement of accounts showing the current and actual outstanding dues of the complainant.

In view of above circumstances, we partly allow the present case with direction to the O.P to issue afresh statement of accounts of the vehicle bearing No. OR-23-B-5813 to the complainant and receive the same from the complainant as per law.  

            Accordingly the case is disposed of.

Order pronounced in the open court today the 4^th  day of March’ 2015 and copy of this order shall be supplied to the parties as per rule.              

          I Agree.                       I Agree,                                                                                                

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

Dictated and corrected by me

      S. K. Ojha, Sr. Member.