DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 60 OF 2017
Raj Kumar Munda,
S/O- Mangru Munda,
RO: R.Kudopali ( Ainthapali) PO: R.Kudopali,
PS: Brajrajnagar, Dist: Jharsuguda,Odisha…………………………Complainant.
Versus
Branch Manager,
SREI Equipment Finance Ltd.,
At/PO/PS: Ainthapali,
Dist: Sambalpur, Odisha………………………..….….…..….……....Opp. Party.
Counsel for the Parties:-
For the Complainant Sri S.K.Dash, Adv. & Associates.
For the Opp. Party Sri A.K.Samal, Adv. & Associates.
Present-Shri Sundarlal Behera, President, Shri Santosh Kumar Ojha, Member, Smt. Anamika Nanda, Member(W).
Order dated 11.09.2017, Shri Sundarlal Behera, President.
The brief facts of the complainant’s case is that, the complainant avail loan of Rs.8,20,000/- only from the O.P. for purchasing of a truck bearing Regn. No.OR-15P-4366 which was to be returned with interest on or before 08.09.2017 in monthly installments. The complainant has paid Rs.5,91,869/- only. The complainant requested to give statement of accounts but the O.P did not furnish the actual statement of account and copy of agreement to the complainant so the complainant could not paid the monthly installments in time for which the O.P threating to seize the vehicle, hence this case.
The O.P. appeared through their counsel after being noticed and submitted that the complainant is a defaulter in making payments of installments. The complainant has taken loan of Rs.8,20,000/- only which was to be returned in monthly installments from 22.11.2014 to 22.09.2017. On dtd. 19.06.2017 the total amount due was Rs.5,50,748/- only and denied all the allegations imposed by the complainant, prayed for dismissal of the case.
Heard and perused the case record along with materials available. As per the statement of account issued by the O.P dtd. 19.06.2017 the complainant has outstanding dues of Rs.6,98,960/- only in total. The said vehicle is in the possession of the complainant and he is interested to clear his dues but feels dark without copy of agreement which the O.P has not supplied. Such activities of the O.P is nothing but the deficiency in service on his part towards the complainant. In the other side the complainant is also liable to refund the loan amount of the O.P.
In the above observations and analysis this Hon’ble Forum allows the complaint case with directions to the O.P to provide a copy of Loan Agreement executed between the parties. The O.P is hereby further directed to issue afresh statement of accounts in favour of the complainant and receive the remaining outstanding dues amount in 06(six) numbers of equal monthly installments from the complainant.
Accordingly the case is disposed of.
Order pronounced in the open court today the 11st day of September’ 2017 and copy of this 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
