DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 105 OF 2017

Manoj Kumar Bisi (43 yrs.),

S/O- Khetra Mohan Bisi,

R/O: Bijunagar, PO- Industrial Estate,

PS/Dist: Jharsuguda, Odisha,

Permanent R/O/AT/PS: Kshetrajpur,

Dist: Sambalpur, Odisha……………………………………….…………Complainant.

Versus

Branch Manager,

Shriram Transport Finance Co.Ltd.,

At: Ainthapali, PO: Budharaja, PS: Ainthapali,

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

Counsel for the Parties:-

For the Complainant                                       S.P. Rai, Adv. & Associates.

For the Opp. Party                                          S.K. Mishra, Adv. & Associates.

Date of Order: 07.08.2018

Present

                                                                              1. Shri Sundar Lal Behera, President.

                                                                             2. Shri Santosh Kumar Ojha, Member.

                                                                            3. Smt. Anamika Nanda, Member (W).

Shri Sundar Lal Behera, President  :- The brief facts of the complainant’s case is that, the complainant avail loan of Rs.2,50,000/- only plus interest from the O.P. and purchased one vehicle Tata LPT 1612 Turbo bearing Regn. No.OR-15F-9025 which was to be returned with interest within Sept,2017 in monthly installments. The complainant has paid Rs.2,00,000/- only till dt.13.01.2016.  The complainant was ready to pay Rs.1,20,000/- only on dtd.13.01.2016 for one time settlement  but the O.P is demanding Rs.2,40,000/- only illegally without supplying of copy of loan agreement, hence this case.

The O.P. appeared after being noticed and filed written version. The O.P submitted that the complainant has taken loan of Rs.2,50,000/- only vide loan agreement No. SMBLP0305300001dt.31.05.2013.  Upto dated 19.12.2017 the complainant has outstanding dues of Rs.2,99,057/- only and denied all the allegation made by the complainant with prayed for dismissal of the case.

Heard from the complainant and gone through the case record. The complainant has taken loan of Rs.2,50,000/- from the O.P which was to be refunded in monthly installments started from 05.07.2013 to 05.12.2014.  On dtd. 19.12.2017 the complainant has paid Rs. 2,18,207/- only out of total dues including interest and other charges Rs. 5,17,264/- only  and outstanding dues of Rs.2,99,057/- only.  The O.P has filed the copy of agreement executed between the parties. The vehicle in in the possession of complainant. The period of loan agreement has already been expired. The complainant has paid a part of his outstanding dues where the O.P is also entitled to get his loan amount but the O.P has not supplied the copy of loan agreement to the complainant.

In the above observation we are in considered opinion to allow partly the complaint case with directions to the O.P to issue afresh statement of accounts in favour of the complainant and receive the dues amount and also provide a copy of loan agreement executed between the parties to the complainant.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 7^th day of August’ 2018. Free copy of order shall be supplied to the parties as per rule. 

          I Agree.                       I Agree                                                                                                            

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

Dictated and corrected by me

   S. L. Behera, President