Orissa

Cuttak

CC/142/2015

Narahari Patra - Complainant(s)

Versus

Branch Manager,Shriram Transport Finance Company Limited - Opp.Party(s)

A K Samal

31 May 2017

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.142/2015

 

Narahari Patra,

At:Hatasahi,PO:Gatiroutapatna,

P.S:Kandarpur,Dist:Cuttack.                                                  .… Complainant.

 

Vrs.

1.         Branch Manager,

Shriram Transport Finance Co. Ltd.,

Cuttack Branch Office,At:Mahanadi Vihar,

                   Cuttack

 

2.        Shriram Transport Finance Co. Ltd.,

Admn. Office:101-105,Shiv Chambers,Ist floor,

B Wing, Sector-11, C.B.D,Belapur,Navi Mumbai,

 

3.        Managing Director,

 Shriram Transport Finance Co. Ltd.,

Regd. Office: 123, Angappa Naicken Street,

                   Chennai

(Tamilnadu),India                                                  … Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,President.

Sri Bichitrananda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:    10.12.2015

Date of Order:  31.05.2017

 

For the complainant  :           Mr. A.K.Samal,Adv. & Associates.

For the O.P No.1.                :   Mr. J.P.Pattnaik,Adv. & Associates.

For O.Ps 2 & 3                      :   None.

 

Smt. Sarmistha Nath,Member(W).

 

                The complainant has filed this case against the O.Ps alleging deficiency in service and unfair trade practice with a prayer to grant appropriate relief.

1. The case of the complainant in brief is that the complainant for his self employment and for earning his livelihood availed finance for purchase of a vehicle (TATA LPT/2518 TC) from the O.P Company by executing loan-cum-hypothecation agreement.  The registration certificate is vide Annedure-1.  The first due date of payment of EMIU started from 05.11.2011 and the last due date of payment was 05.10.2015.  The total cost of the asset was Rs.15,31,587/- and the complainant deposited the margin money of Rs.3,06,586/- and the finance amount is Rs.12,25,000/-.  By adding interest in the finance amount, complainant had to pay a total amount of Rs.15,47,050/- in 48 installments out of which the first EMI was s.32,240/- and the rest 47 EMIs are Rs.32,230/-each.  The financier did not supply the copy of the agreement except the repayment schedule (repayment schedule is annexed as Annexure-2).  The O.P Company had placed orders with M/s. Garuda Bahan Pvt. Ltd. for supply of the vehicle to the complainant (Annexure-3).

In accordance with the repayment schedule supplied by the O.P, the complainant paid the EMI dues in time.  Some of them were also paid before the due date.  The complainant not only has cleared up the total loan amount but also had made excess payment of Rs.63,830/- to the O.P company since the complainant paid a total amount of Rs.16,10,880/-against the total claim of Rs.15,47,050/-.   That apart the complainant paid the premium towards insurance for 3 years though the O.Ps have illegally charged interest on the said premium amount.  After repayment of entire loan amount the complainant found that the O.Ps behind the back of the complainant and without any information and noticed to him has unilaterally and arbitrarily enhanced the EMI amount from Rs.32,230/- to Rs.34,117/-.  The complainant applied for a copy of Accounts statement (Annexure-4) and the statement of accounts was supplied to him.(Annexure-5) from the said accounts statement it was clearly known that the complainant has paid Rs.16,10,880/- whereas he is liable to pay Rs.18,24,735/- towards clearance of the loan.  The O.Ps have demanded a further sum of Rs.2,13,855/- towards differential amount from the complainant.   Though the agreement period was expired from 05.10.2014, the O.Ps did not grant NOC in favour of the complainant in spite of several requests and persuasions for which he could not take steps to delete the hypothecation endorsement made in the name of O.P Company in the registration certificate of the vehicle.  The complainant finding no other way has taken shelter of this Hon’ble Forum. He prayed for a direction to the O.Ps to issue/grant NOC in favour of the complainant He prayed to and to refund excess payment of Rs.63,830/- as well as compensation of Rs.30,000/- towards financial loss, harassment and mental agony along with cost.

2. The O.P No.2 & 3 did not appear and the O.P.1 entered appearance through advocate and filed written version on 28.09.2016.  The O.P No.1 in the said written version has taken stand that the complainant being a user of commercial vehicle and there being profit making motive is not a consumer under Section-2(D) and 2(E) of the C.P.Act.  There being provision for arbitration to resolve the dispute if any, the complainant was required to avail such remedy.  The further plea of the O.P No.1 is that the complainant avail credit facility from O.P to the tune of Rs.12,28,000/- and become liable to pay a sum of Rs.16,85,403/- plus Rs.4,15,439/- principal, final charges and insurance dues payable by the complainant in 48 installments.  The repayment schedule vide annexure-1, the complaint petition was a provisional one but the schedule of repayment attached with the agreement was acted upon.  The complainant knowingly avoided to make accurate deposits for which delay payment interest has been levied.  The statement of account filed by the complainant vide Annexure-5 and the statement of account as on 13.01.2016 reveals that Rs.1,13,875/- has been levied towards DPIs and the full and final settlement amount was Rs.2,30,298.80p payable by the complainant.  The further plea of the O.P No.1 as per prevailing norms and procedure, no objection certificate is granted to the borrower when his loan account depicts nil liability.
3. We have heard the advocates of the parties at length, went through documents and papers filed by the parties.  The repayment schedule vide Annexure-2 has not been disputed by the O.P No.1 and the said O.P has averted that the schedule of repayment was a provisional one which we are unable to accept.  Furthermore the O.P No.1 has not disputed the statement of the complainant that the EMI has been devised to behind his back.  It is settled principle of law and well settled that no party can alter the condition of contract unilaterally.  The complainant has paid the EMI as per the repayment schedule and he has never defaulted the payment of EMI rather he has paid an excess amount of Rs.63,830/- to the O.Ps.  O.P No.1 accepting the E.M.Is in each month have never intimated the complainant that the complainant is praying a less amount rather they have accepted the same.  The O.P No.1 has also failed to prove that the change in the EMI was communicated to the complainant and the complainant had accepted such change on the E.M.I. Though the complainant has repaid the loan fully, the O.Ps have not issued/grant NOC in his favour.
4. In view of the above, the O.Ps are found deficient in rendering service as peer the term of contract and also adopted unfair trade practice.

 

                                                                                   ORDER

The O.Ps are directed to issue/grant NOC in favour of the complainant within 45 days from the receipt of the order.  And the O.Ps are further directed to repay an amount of Rs.63,830/- with 12% interest per annum  from the date of filing the case i.e. 10.12.2015 till the date of payment.  The O.Ps are directed to pay Rs.30,000/- towards compensation.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 31^st    day of May,2017  under the seal and signature of this Forum.

 

  ( Smt. Sarmistha Nath )

                         Member (W)                                                                                                                                                                                                                                                                                                                                     (Sri D.C.Barik)

                                                                                                              President.

                                                                                                    (Sri B.N.Tripathy )

                                                                                                               Member