Orissa

Jharsuguda

CC/17/2017

Amlesh Kumar Yadav S/O-Haribansh Yadav - Complainant(s)

Versus

Branch Manager Shriram Tronsport Finance Co.Ltd. - Opp.Party(s)

S.P. Rai

28 Mar 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO.17 OF 2017

 

Amlesh Kumar Yadav( 43 Yrs.),

S/O- Haribansh Prasad Yadev,

RO: Gwalapada, Lamtibahal,

PO: Lamtibahal,PS: Brajrajnagar,

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

 

                                                 

Versus

 

Branch Manager,

Shriram Transport Finance Co. Ltd.,

At-2^nd Floor, Geetanjali Complex, Beheramal,

PO: Industrial Estate,

PS/Dist: Jharsuguda, Odisha……………….…....…….…..…….……..Opp. Parties.

 

 

Counsel for the Parties:-

For the Complainant                                S.P.Rai, Adv. & Associates.

For the Opp. Party                                 Self.

 

Date of Order: 28.03.2018

 

Present

  1. Shri Santosh Kumar Ojha, Member.

  2. Smt. Anamika Nanda, Member(W).

 

Smt. Anamika Nanda, Member(W):- The brief facts of the complainant’s case is that, the complainant availed loan of Rs.4,52,552/- only from the O.P. on dtd. 21.04.2014 and purchased one truck bearing Regn. No.OR-23B-2785 which was to be returned within March,2016 with interest in monthly installments. The complainant has paid more than Rs.3,78,200/- only as on January,2017. The complainant is ready to pay the dues amount to the O.P but the O.P is demanding Rs.4,52,815/- 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 outstanding dues of Rs.4,66,400/- as on 19.02.2017. 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. No.OR-23B-2785 by the O.P. for amount of Rs.4,52,552/- only which was to be refunded with interest from 05.06.2014 to 05.04.2016.  As per the statement of accounts dtd. 16.01.2017 the complainant was to pay Rs.4,52,815/- only.  

The said vehicle is in the possession of the complainant and as per the statement of accounts the loan period has already expired on dt.05.04.2016. The complainant is ready to clear all the outstanding dues 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 28^th day of March’ 2018 and copy of this order shall be supplied to the parties as per rule. 

 

           I Agree                                                                                                                

                                         

         S.K.Ojha, Member                                                    A.Nanda, Member(W)         

 

Dictated and corrected by me

 

     A.Nanda, Member(W)