DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO.52 OF 2016
Nageswar Ray ( 60 Years),
S/O- Late Nandalal Ray,
RO: Hanuman Nagar, Lamtibahal, PS: Brajrajnagar,
Dist: Jharsuguda,Odisha…………………………….…….…………Complainant.
Versus
The Branch Manager,
Sriram Transport Finance Co. Ltd., Jharsuguda Branch,
At: Beheramal Road,
PS/Dist: Jharsauguda, Odisha…………………....…….…..….……..Opp. Party.
Counsel for the Parties:-
For the Complainant Shri P.R.M Rao,Adv. & Associates.
For the Opp. Party Shri N. Biswal, Adv. & Associates.
Date of Order: 29.06.2017
Present
1. Shri S.L.Behera, President.
2. Shri S.K. Ojha, Member.
Shri S.K. Ojha, Member: - The brief facts of the complainant’s case is that, the complainant avail loan of Rs10,62,000/- only plus interest from the O.P. and purchased one vehicle bearing Regn. No.OR-23A-4377 which was to be returned with interest within June,2016 in monthly installments. As on June,2016 the complainant has paid more than Rs.31,50,000/- only. At the time of sanctioning of loan the O.P assured to charge interest @ 10% per annum on the loan amount and taken 20 nos. of blank signed cheques as security but the O.P did not furnish the actual statement of account and copy of agreement to the complainant and demanding Rs.5,00,000/- only illegally and 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. On dtd. 28.03.2017 the complainant was to pay Rs.10,25,677/- 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. 28.03.2017 the complainant had taken 04 types of loans in different dates. The first loan was taken on dtd. 29.11.2012 installment started from dtd. 05.01.2012 to 05.07.2016, so also the last loan was taken on dtd. 21.03.2016 installment started from 05.05.2016 to 05.04.2017. The complainant was paying the installment amounts regularly on different dates and as per the said statement of account the complainant was to pay Rs.10,25,677/- only. The tenure of all the loans are matured. The O.P has not filed the copy of agreement through which it can be cleared that on what basis the calculation of interest and other charges are made. 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, not to mis-utilised the blank cheques received from the complainant (if any). The O.P is hereby further directed to pay compensation of Rs. 5,000/- only (Rupees five thousand only) towards harassment, mental agony and cost of the case which may be adjusted in the loan account. The O.P is hereby further more directed to issue afresh statement of accounts in favour of the complainant and receive the legitimate outstanding dues amount from the complainant and after clearing of all the dues issue No Objection Certificate in his favour.
Accordingly the case is disposed of.
Order pronounced in the open court today the 29th day of June’ 2017 and copy of this order shall be supplied to the parties as per rule.
I Agree.
S. L. Behera, President S.K.Ojha, Member
Dictated and corrected by me
S.K.Ojha, Member
