Orissa

Jharsuguda

CC/5/2018

Sri , Rajesh Kumar Sharma S/O Omkarmal sharma - Complainant(s)

Versus

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

T.K. Singh

01 Aug 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO.05 OF 2018

Rajesh Kumar Sharma( 40 Yrs.),

S/O- Omkarmal Sharma,

RO/PO:  Talpatia,

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

                                                 

Versus

 

1. Branch Manager,

Shriram Tranport Finance Company Ltd.,Beheramal,

PO/PS/Dist: Jharsuguda, Odisha PIN-768203.

 

2. Managing Director,

Shriram Tranport Finance Company Ltd.,

Admin Office:101-105,1^st Floor, B Wing,Shiv Chambers,

Sector-11,C.B.D,Belapur, Navi Mumbai- 400614.

Reg. Office: Mookambika Complex,

3^rd Floor No.4, Lady Desika Road, Mylapore,

Chennai(Madras) Tamil Nadu-India,600 004.…....…….…..….….Opp. Parties.

 

Counsel for the Parties:-

For the Complainant                               T.K.Singh, Adv. & Associates.

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

 

Date of Order: 01.08.2018

 

Present

 

                                                                     1. Shri Sundar Lal Behera, President.

                                                                     2. Shri Santosh Kumar Ojha, Member.

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

 

Smt. Anamika Nanda, Member(W) :- The brief facts of the complainant’s case is that, the complainant availed loan of Rs.5,00,000/- only from the O.Ps. and purchased one heavy vehicle bearing Regn. No.OR-23B-7577 by executing an agreement in the year-2014 which was to be returned in monthly installments. The complainant was paying the installments to the Agent of O.P Sunil Pandey but the O.Ps are demanding Rs.8,16,111/- only from the complainant and threating to seize the vehicle, hence this case.

 

The O.Ps. appeared through their counsel after being noticed and submitted that the complainant is a defaulter in making payments of installments. The O.Ps.  submitted that till dated dtd.13.03.2018 the complainant was in due of Rs.8,67,066/-

only. The O.P denied all the allegations imposed by the complainant and prayed for dismissal of the case.

Heard and perused the case record along with materials available. The complainant was financed a vehicle bearing Regn. No. OR-23B-7577 by the O.Ps. for amount of Rs.5,00,000/- only which was to be refunded with interest from 20.08.2014 to 20.05.2017.  As per the statement of accounts dtd. 13.03.2018 the complainant was to pay Rs.8,67,066/- only. As per the statement of account dtd.10.07.2018 a new loan account is created on dtd.28.03.2018 of Rs.4,78,000/- only with settlement of the previous loan account  on the said vehicle which was to be refunded from dtd.05.05.2018 to 05.11.2021.  On dtd.10.07.2018 the complainant was in due of Rs.42,020/- only. 

The said vehicle is in the possession of the complainant and as per the statement of accounts the loan period will expired on dt.05.11.2021. The complainant is ready to clear all the outstanding dues where the O.P is also entitled. The O.P has not supplied the proper calculations of loan and any copy of agreement to the complainant. 

In the above observations we are in considered opinion to allow partly the complaint case with directions to the O.Ps to issue afresh statement of accounts in favour of the complainant and receive the outstanding dues amount from the complainant.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 1^st day of Aug’ 2018. Free copy of this order shall be supplied to the parties as per rule. 

 

           I Agree,                                  I Agree,                                                                                    

                                          

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

Dictated and corrected by me

                                                 

                                                    A.Nanda, Member(W).