DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO.123 OF 2017

Sambhu Yadav( 39 Yrs.),

S/O- Bindhyachal Yadav,

RO: Near C.I. Office, Orient colliery,  

PO/ PS: Orient Colliery, Brajrajnagar,

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

Versus

Branch Manager,

Shriram Transport Finance Co. Ltd.,Jharsuguda,

At:Beheramal,

PS/ Dist: Jharsuguda, Odisha……………….…....…….…..…….……..Opp. Parties

Counsel for the Parties:-

For the Complainant                                R.K.Pal, Adv. & Associates.

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

Date of Order: 08.08.2018

Present

1. Shri Sundar Lal Behera, President.

                                                                                2. Shri Santosh Kumar Ojha, Member.

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

Shri S. L. Behera, President: - The brief facts of the complainant’s case is that, the complainant availed loan of Rs.4,00,000/- only from the O.P. on dtd.31.01.2015 and purchased one truck bearing Regn. No.OR-23E-9470 which was to be returned in monthly installments. The complainant has paid Rs.2,20,000/- only upto November’2017 and defaulted of Rs.1,20,000/- only but the O.P is demanding more amount showing any proper calculation or copy of agreement, hence this case.   

The O.P. appeared through his counsel after being noticed and submitted that the complainant is a defaulter in making payments of installments. The complainant is in due of Rs.5,53,023/- only till dated 14.12.2017. The complainant has filed an another complaint case on the said vehicle before this Hon’ble Forum vide case No. 97 of 2016 which was disposed of on dt.29.06.2017 to avoid the payment. 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-23E-9470 by the O.P. for amount of Rs.3,70,000/- only which was to be refunded with interest from 05.03.2015 to 05.09.2017.  As per the statement of accounts dtd. 04.12.2017 the complainant was in due of Rs.5,53,023/- only. The matter of same dispute has been decided by this Hon’ble Forum bearing C.C.Case No.97 of 2016 on dtd. 29.06.2017.  The complainant has misguided this Hon’ble Forum and knowingly filed this case and availed interim relief also.  The complainant intentionally killed the valuable time of this Forum by suppressing the material facts.

In view of the above facts and circumstances we hereby dismiss the complaint petition with direction to complainant to pay cost of Rs.2,000/-( Rupees two thousand) only to the O.P.   

            Accordingly the case is disposed of.

Order pronounced in the open court today the 8^th day of August’ 2018.Free copy of this order shall be supplied to the parties as per rule. 

           I Agree                          I  Agree.                                                                                      

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

Dictated and corrected by me

      S. L. Behera, President.