Date of filing:- 11/11/2020. Date of Order/Judgement:-18/07/2023.
DISTRICT CONSUMER DIPUTES REDRESSAL COMMISSION
B A R G A R H
CONSUMER COMPLAINT NO. 93 OF 2020
Sri Lingaraj Meher, aged about 48(forty eight) years, son of late Gupa Meher, Resident of Khairpali, Po:- Budamal, Ps:- Padampur, Dist. Bargarh Pin.768036.
Complainant.
-: V e r s u s :-
(1) The SREI Equipment Finance Limited, Bolangir, represented through its Branch Manager,
Ist Floor, Palace Line, Titilagarh Road, Bolangir, Po/Ps. Bolangir, Dist. Bolangir-767001.
(2) The State Bank of India, represented through its Branch Manager, Padampur, At. Padampur,
Po. Raj-borasambar, Ps. Padampur, Dist. Bargarh-768036.
Opposite Parties.
Counsel for the Parties:-
For the Complainant :- :- Sri Pradip Kumar Mahapatra with Associates.
For the Opposite Parties:- :- Exparte.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agarwal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.18/07/2023. -: J U D G E M E N T:-
Presented by Smt. Anju Agarwal, Member (w) :-
- The Case of the Complainant is that the Complainant is a Consumer of Opposite Party No.2 having its saving account bearing no. 31460830913. The Complainant has purchased a vehicle bearing Regd. No. OD-17-J-2850 for his livelihood and the said vehicle was financed by the Opposite Party No.1. The cost of the aforesaid vehicle was Rs. 22,40,000/-(Rupees twenty two lakh forty thousand)only and the Complainant paid down payment of Rs. 5,40,000/-(Rupees five lakh forty thousand)only and the rest of Rs.18,00,000/-(Rupees eighteen lakh)only is to be financed by Opposite Party No.1. The Complainant availed loan for 46 installments at the rate of Rs. 50,120/-(Rupees fifty thousand one hundred twenty)only payable from March 2017 in auto debit scheme from the account of the Complainant. As there was sufficient balance in the account of the Complainant the Opposite Parties deducted irregular amount. When the Complainant contacted the Opposite Parties they did not respond. The Complainant after going through bank account found that additional amount has been deducted from the account. The Opposite Party No.1 is harassing the Complainant by demanding huge amount of Rs. 5,42,524/-(Rupees five lakh forty two thousand five hundred twenty four)only and threatening to take away the vehicle.
The Complainant being harassed filed this Complaint before this Commission.
- The case of the Opposite party is that the Opposite Parties did not appear before this Commission and hence set exparte.
- Perused the documents filed and following issues are framed:-
ISSUES
- Whether the Opposite Parties are deficient in their service ?
- What relief the Complainant is entitled for ?
Issue No.1.
The Complainant had purchased a vehicle JCB bearing Regd No. OD-17-J-2850 from the Opposite Party No.2 and the said vehicle was financed by Opposite Party No.1 for an amount of Rs.18,00,000/-(Rupees eighteen lakh)only which has to be paid by the Complainant in 46 installments. The said installment of Rs. 50,120/-(Rupees fifty thousand one hundred twenty)only is to be paid in auto debit scheme. The account statement filed by the Complainant reflects that there was sufficient balance in the account and the Opposite Party No.1 as per terms and conditions has to auto debit the installment. But, the Opposite Party No.1 besides the installments has taken extra amount towards interest charges which amounts to unfair trade practice on the part of Opposite Party No.1.
The Complainant has opened the account in the bank of Opposite Party No.2. The Opposite Party No.2 is not liable for any act committed by the Opposite Party No.1.
Further the Opposite Parties did not appear nor have filed their written version and accordingly the case is decided on the basis of merit. The case and claim of the Complainant as per the Complaint petition along with evidence on affidavit has not been disputed by the Opposite Parties due to their non appearance before this Commission. Accordingly, the allegation made in this Complaint duly supported by the documentary evidence alongwith oral evidence as submitted by the Complainant on record stands proved as there are neither rebutted nor controverted.
The issue is answered accordingly.
Issue No.2:-
As discussed Supra, the Complainant is entitled for relief claimed.
O R D E R
The Complaint is allowed exparte against the Opposite Party No.1 and dismissed against Opposite Party No.2. The Opposite Party No.1 is directed to furnish fresh loan account statement regarding the JCB vehicle bearing Regd No. OD-17-J-2850 and to actual outstanding amount to be debited in auto debit scheme within one month of this order.
The Opposite Party No.1 is further directed not to levy additional charges to the Complainant.
Further the Opposite Party No.1 is directed to pay Rs. 30,000/-(Rupees twenty thousand)only towards mental harassment and Rs.10,000/-(Rupees ten thousand)only towards litigation expenses to the Complainant within one month failing which the entire amount will carry 12% intrest P.A. till realization.
Order pronounced in open court on this 18th day of July 2023.
Supply free copies to the parties.
Typed to my dictation
and corrected by me.
I agree/-
( Smt. Jigeesha Mishra) (Smt. Anju Agarwal)
Dt.18/07/2023 Dt.18/07/2023
P r e s i d e n t M e m b e r (w)
