DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 74 OF 2014
Raghab Nayak,
S/O- Sudam Nayak,
RO/PO: Surpratappur, Dist: Dhenkanal , Odisha,
At present residing at Purnabasti,
PS/ Dist: Jharsuguda,Odisha……………………...…………………Complainant.
Versus
Branch Manager,
NPR Finance Ltd.,
N-3/404 Nayapalli,
Near IRC Village High school,
Bhubaneswar- 751 012, Odisha.………………………...….…....….…...Opp. Party.
Counsel for the Parties:-
For the Complainant Shri S..Panda, Adv. & Associates.
For the Opp. Party Shri T.K. Harichandan, Adv. Associates.
Date of Order: 08.07.2015
Present
1. Shri S.L.Behera, President.
2. Shri S.K. Ojha, Sr. Member.
Shri S. K. Ojha, Sr. Member : - The brief facts of the complainant’s case is that, he has purchased one Auto Mega Max vehicle bearing Regn. No.OR-06-J-2151 which has been financed by the O.P. The complainant has paid all the installments and at the time of demanding No Objection Certificate from the O.P, the O.P somer times demanded Rs.83,000/-, sometimes demanded Rs.75,000/- and sometimes Rs.62,000/- only. As per such activities the complainant alleges deficiency in service and unfair trade practice on O.P, hence this case.
The O.P. appeared through his 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 he has outstanding dues of Rs.50,253/- only 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 accounts statement dtd.12.08.2014 filed by the complainant bearing Agreement No. NS3356 the complainant has taken loan of Rs.1,00,000/- only and including interest and insurance amount the complainant was liable to pay Rs.1,57,500/-only in total. The complainant has paid 35 nos. of monthly installments in different dates started from dtd. 21.04.2011 to 12.08.2014, whereas the installments due dates were from dtd. 17.04.2011 to 17.02.2014. On the same date there was ODC of Rs.1900/- only. But the accounts statement dtd. 20.12.2014 filed by the O.P tells some different story. The agreement No. is BHTH1423, Finance amount Rs.22,000/- , Total EMI receivable ( including interest and insurance) Rs.30,720/- only, EMI date started from dtd. 05.08.2004 to 05.06.2006.
Very interestingly, the O.P issued accounts statements differently which have no any relationships with each other. The statement dtd. 12.08.2014 issued to the complainant in which the Agreement Number mentioned as NS3356 in the name of Raghab Nayak, vehicle (Mega Max) bearing Regn. No. OR-06-J2151, total outstanding (receivable) Rs.1,57,500/- only, date of installments from dtd. 17.04.2011 to 17.02.2014 where the complainant has paid from dtd. 21.04.2011 to 12.08.2014 (the exact 35 nos. of installments). The said statement dtd. 12.08.2014 reflects ODC of Rs.1900/- only which is duly sealed and signed by the O.P, but the accounts statement filed by the O.P along with his written version is still in the name of Raghab Nayak but all the particulars and datas including Agreement Number etc are completely different. Such activities reflects the negligent attitude of the O.P.
On the above observations and analysis the O.P found to be committed of clear negligent, deficient in his service as well as unfair trade practice on his part.
Hence, we allow the complaint petition with directions to the O.P for not to commit such types of negligent attitudes any further, waive out the remaining ODC of Rs.1900/- only against the complainant and to pay a sum of Rs.10,000/- (Rupees ten thousand) only to the complainant towards harassment, mental agony and cost of the case, within 30 (thirty) days from the date of this order, failing which the O.P shall be liable for interest @ 10% per annum on the above mentioned awarded amount till realization.
Accordingly the case is disposed of.
Order pronounced in the open court today the 8th day of July’ 2015 and copy of this order shall be supplied to the parties as per rule.
I Agree.
S. L. Behera President S.K.Ojha, Sr.Member
Dictated and corrected by me
S.K.Ojha, Sr.Member
