DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO.58 OF 2017
Surendra Rai ( 55 Yrs.),
S/O- Biswanath Rai,
RO: Gwalapada, Lamtibahal,
Near Durga Mandir,
PO-Lamtibahal, PS- Brajrajnagar,
Dist: Jharsuguda, Odisha. ………………………….……….…………Complainant.
Versus
Branch Manager,
Shriram Transport Finance Co. Ltd.,
At- 2nd Floor, Geetanjali Complex,
Beheramal,PO-Industrial Estate,
PS/Dist- Jharsuguda, Odisha……………….…....…….…..…….……..Opp. Party
Counsel for the Parties:-
For the Complainant Shri S.P.Rai, Adv. & Associates.
For the Opp. Party Shri P.K. Mali, Advocate.
Date of Order: 27.03.2018
Present
1. Shri Sundar Lal Behera, President.
2. Shri Santosh Kumar Ojha, Member.
Shri S. L. Behera, President: - The brief facts of the complainant’s case is that, the complainant availed loan of Rs.5,01,044/- only from the O.P. on dtd. 20.11.2014 and purchased one truck bearing Regn. No.OR-19E-5556 which was to be returned within November’ 2018 with interest in monthly installments. The complainant has paid more than Rs.3,14,602/- only to the O.P as on May’ 2017. The complainant is ready to pay the dues amount to the O.P but the O.P is demanding Rs.7,50,000/- only without 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 has paid only Rs. 3,14,602/- only to the O.P as on May’ 2017 and as on dtd. 05.06.2017 the complainant is in dues of Rs. 4,70,262/- 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-19E-5556 by the O.P. for amount of Rs.5,01,044/- only which was to be refunded with interest from 20.11.2014 to 20.10.2018. As per the statement of accounts dtd. 05.06.2017 the complainant was to pay Rs.4,70,262/- only.
The said vehicle is in the possession of the complainant and as per the statement of accounts the loan period will expire on dt.20.10.2018. The complainant is ready to clear all the outstanding dues within the loan agreement period 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.P to issue afresh statement of accounts in favour of the complainant and receive the outstanding dues amount from the complainant. The O.P is also directed to supply a copy of loan agreement to the complainant executed between the parties and not to misutilise the blank cheques of complainant if any.
Accordingly the case is disposed of.
Order pronounced in the open court today the 27th day of March’ 2018 and copy of this order shall be supplied to the parties as per rule.
I Agree
S.K.Ojha, Member S. L. Behera, President
Dictated and corrected by me
S. L. Behera, President.
