Orissa

Jharsuguda

CC/71/2017

Ashish Kumar Shukal S/O- Chhedu prasad Shukla - Complainant(s)

Versus

Branch Manager,Shreeram Transport Finance Co. Ltd. - Opp.Party(s)

Abdul Zalil

11 Apr 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO.71 OF 2017

 

Ashish Kumar Shukla( 38 Yrs.),

S/O- Chhedu Prasad Shukla,

RO: Near Railway Station, PO/ PS: Belpahar,

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

                                                 

Versus

 

Branch Manager,

Shreeram Transport Finance Co. Ltd.,

2^nd Floor, Panigrahi Complex,PO: Industrial Estate,

PS/Dist: Jharsauguda, Odisha…………………....…….…..….……..Opp. Party.

 

 

Counsel for the Parties:-

For the Complainant                                Abzul Zalil,Adv. & Associates.

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

 

Date of Order: 11.04.2018

 

Present

                                           1. Shri Sundar Lal Behera, President.

                                           2. Shri Santosh Kumar Ojha, Member.

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

 

Shri Sundar Lal Behera, President :- The brief facts of the complainant’s case is that, the complainant availed loan of Rs.7,47,548/- only from the O.P including interest and purchased one Tata LPT 2515 TC/48(HGV) vehicle bearing Regn. No.OR-16B-3753 by executing an agreement of contract vide No. JHRSU04225001 dtd.29.12.2014 which was to be returned within dt.05.08.2018 in monthly installments. The complainant has paid more than Rs.3,37,700/- only out of total outstanding dues but the O.P is demanding Rs. 7,57,549/- only without any proper calculation and threating to seize the vehicle, 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 O.P submitted that they have never threatened to seize the vehicle and the complainant is liable to pay Rs.5,88,258/- only as on 04.12.2017 and the present case is entitled to be dismissed.

Heard from the parties. The O.P has financed a vehicle bearing Regn. No.OR-16B-3753 by executing an agreement of contract vide No. JHRSU04225001 dtd.29.12.2014 which is to be ended on dt.05.08.2018.  As per the statement of account dtd.04.12.2017 the arrear as on date was Rs.5,88,258/- only excluding future principal amount of Rs.1,42,601/- 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.05.08.2018. The complainant is ready to clear all the outstanding dues where the O.P is also entitled.

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 indicating proper calculations of loan amount in favour of the complainant and receive the outstanding dues amount from the complainant.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 11^th day of April’ 2018 and 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