The Complainant has filed this case against O.P, where O.P is Shriram General Financial Company Ltd. represented by its Branch Manager situated at Sahadevkhunta, Balasore.
Shorn of unnecessary details briefly stated the case of the Petitioner is that the Complainant had purchased one old vehicle in the year 2012 and registered the same in his name before the R.T.O, Bhadrak vide Regd. No.OR-04B-4939 bearing its Engine No.001-63169428 and Chassis No.436010L33207532. As per request made by the Complainant, the O.P financed a sum of Rs.2,50,000/- (Rupees Two lakhs fifty thousand) only on 06.01.2015 in favour of the Complainant with certain terms and conditions. The O.P also had taken some blank cheques from the Complainant for the said finance. The repayment term for the said loan including interest was fixed for two years i.e. Rs. 1,68,000/- (Rupees One lakh sixty eight thousand) only per annum. As per term and conditions of the O.P, the Complainant paid installment amount regularly. But the O.P send SMS to the Complainant in every month in order to harass the Complainant. Lastly on 22.12.2015, the O.P threatened to take possession of the truck and also filed cheque bounce case against the Complainant. By this attitude of the O.P, the Complainant has sustained irreparable loss, mental agony so also deficiency of service by the O.P. While the Complainant wanted to take the statement of his installment amount for payment of rest installment amount on 31.12.2015, the O.P threatened to take the possession of his truck and disclosed that for filing of cheque bounce case, the O.P has deposited the Complainant's cheques in his company account. As the O.P is knowingly and deliberately harass the Complainant, he may be liable for the schedule of compensation.
In view of the above facts, it is therefore prayed that your Honour may be graciously pleased to admit this complaint petition, summon to the O.P and after hearing from the Advocate of the Complainant may direct the O.P not to take any step for taking possession of the re-financed truck and for filing of cheque bounce case or any criminal case against the Complainant and may direct the O.P for payment of compensation amount and direction may be given the O.P for supply of loan statement in favour of the Complainant.
The Complainant has filed the copy of documents such as R.C book and insurance Policy schedule of the vehicle in support of his claim.
The O.P neither represented himself personally nor through his Advocate, hence the present O.P is set ex-parte on 01.06.2016.
On perusal of the case record available with us and filed by the Complainant in the matter, it is noticed that:-
1. The Complainant had purchased one old vehicle vide Regd. No.OR-04B-4939 in the year 2012 and registered the same with R.T.O, Bhadrak on 14.05.2014. The Complainant also availed refinance from the O.P for Rs.2,50,000/- (Rupees Two lakhs fifty thousand) only on 06.01.2015 to be repaid in 2 years @ Rs.1,68,000/- (Rupees One lakh sixty eight thousand) only per year. In between for the said vehicle, HPA (Higher Purchase Agreement) in favour of "Shriram Transport Finance Co. Ltd.", Bhubaneswar w.e.f 28.05.2014 by R.T.O, Bhadrak. But as per certificate-cum-Policy schedule for insurance for the period from 06.11.2015 to 05.11.2016 in Registration mark and place column, it is mentioned as "OR-04B-4939-Chandikhol". And also in Hypothecation Agreement column, it is mentioned as "SHRIRAM TRANSPORT FINANCE CO. LTD., BALASORE, BALSOO412120001, WORKING CAPITAL LOAN REQUIRED". From this HPA clause, it is ascertained that the Complainant has availed this loan from O.P for working capital loan required for some other existing business under hypothecation of the said vehicle.
2. The O.P sent SMS each month to the mobile phone of the Complainant in order to harass the Complainant. But it is seen from the complaint that the O.P has received some blank cheques from the Complainant. Hence, it may be a fact that the O.P remind the Complainant to maintain the balance in his account against which he has issued blank cheques to O.P for payment of his monthly loan installment.
3. The Complainant had paid installment amount regularly, but the O.P threatened the Complainant to take possession of the schedule truck and also filed criminal cases and cheque bounce cases against the Complainant. But the Complainant has not filed any copy of documents in support of his claim for regular payment of installment, such as (a) loan installment payment in terms of cash or (b) payment of installment from the account, where loan installment debited is reflected or (c) any other mode, by which the loan installments are paid by the Complainant. Moreover, the Complainant has not filed any copy of documents through which the present O.P also threatened the Complainant to take possession of the schedule truck. The Complainant also has not filed any copy of documents in support of his claim that "the present O.P has filed criminal cases and cheque bounce cases against the Complainant".
In view of the above observations as narrated, it is seen that the Complainant has not submitted/ filed the copy of documents in support of his claim as per his complaint, but there is deficiency-in-service by the O.P, hence the Order:-
O R D E R
Having regards to our judgment reflected above, the complaint is partly allowed with direction to the O.P to deliver the statement of account of the said loan w.e.f date of disbursal till date within 30 (thirty) days of communication of the order. Further, the O.P is directed not to initiate any coercive action against the Complainant. And also the Complainant is directed to regularize the installment arrears, if any in the said loan account with the O.P within 60 (sixty) days of communication of the order and to repay the loan installments regularly till closure of the above said loan account.
No cost and compensation to both the Parties.
The Ex-parte order Pronounced in the open Forum on this day i.e. the 01st day of October, 2016 given under my Signature & Seal of the Forum.
