Orissa

Jharsuguda

CC/23/2018

Smt.Sail Davi Thakur W/O-Sri Uma Shankar Thakur - Complainant(s)

Versus

Branch Manager, Shriram Transport Finance Co.Ltd - Opp.Party(s)

K.K. Mishra

27 Aug 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 23 OF 2018

Sail Devi Thakur ( 40 Yrs.),

W/O- Uma Shankar Thakur,

RO: At/PO: Bandhabahal, PS: Banharpali,  

Dist: Jharsuguda, Odisha…………………………….…….…………Complainant.

                                                 

Versus

 

1. Branch Manager,

Shriram Transport Fin.Co. Ltd., Panigrahi Complex,

Beheramal, Jharsuguda,

 

2.         Shriram Transport Fin.Co. Ltd.,

101-105,1^st Floor, B.Wing, Shiv Chambers,

Sector-11,C.B.D,

Belapur, Navi Mumbai- 400 614.……….…....…….…..…….……..Opp. Parties

 

Counsel for the Parties:-

For the Complainant                                K.K.Mishra, Adv. & Associates.

For the Opp. Parties                               P.K.Mali, Adv. & Associates.

 

Date of Order: 27.08.2018

Present

1. Shri Sundar Lal Behera, President.

                                                                               2. Shri Santosh Kumar Ojha, Member.

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

 

Shri S. L. Behera, President: - Brief fact of the case is that, the complainant has availed loan  of Rs.5,30,750/- only from the O.Ps. on execution of loan agreement to be repaid in monthly installments against his vehicle NO. OR 23B-5544. The complainant has paid an amount of Rs.90,100/- only against the due loan but the  O.Ps are demanding Rs.2,22,219/- only without any reason.  The complainant alleges deficiency in service on the part of O.Ps who threatening to the seize the vehicle.

 On the other hand the O.Ps had reputing the allegations made in the complaint petition and submit that the statement of account are being prepared time to time basing on the amount due, amount paid as well as the amount to be charged under DPC as per term and condition of the agreement executed by the complainant as loanee.  According to the O.Ps as on dtd.26.06.2018 the complainant is liable to pay a some of Rs. 5,20,035.86P as the same has been shows as outstanding arrear amount in the loan account of the complainant.  Hence it denied to have rendered any deficient service by demanding the arrear amount to the complainant.

On perusal of complaint petition, written version including available documentary evidence on record and after hearing it reveals that the dispute in between the complainant and O.P mainly rests on the dispute relating to account made in the statement of account furnished by the O.Ps. settled law is that the Forum cannot adjudicated any dispute relating account matter. To resolve the dispute in account matter the proper course is to approach to the civil court as has got the power to result such dispute.

            Therefore, we dismiss the complaint and the complainant is at liberty to raise his grievance before the civil court for proper adjudication, if he wishes.

            Accordingly, the complaint petition is dismissed.

            Accordingly the present complaint case is disposed of.

Order pronounced in the open court today the 27th day of August’ 2018 and copy of this order shall be supplied to the parties as per rule. 

         I Agree.                           I Agree.                                                             

 

                                         

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

Dictated and corrected by me

 

     S. L. Behera, President