Orissa

Jharsuguda

CC/85/2017

Binod Kumar Singh S/O- Goraknath Singh - Complainant(s)

Versus

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

Bijaya Ku.Behera

30 Jul 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO.85 OF 2017

Binod Kumar Singh( 47 Yrs.),

S/O- Gorakhnath Singh,

RO: Lamtibahal,PO/PS: Brajrajnagar,  

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

                                                 

Versus

 

Branch Manager,

Shriram Transport Finance Co. Ltd.,

At-Beheramal, Opposite Hotel Mid Town,

PO: Industrial Estate,

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

 

Counsel for the Parties:-

For the Complainant                                B.K.Behera, Adv.

For the Opp. Party                                  P.R.Singhdeo, Adv. & Associates.

 

Date of Order: 30.07.2018

 

Present

1. Shri Sundar Lal Behera, President.

                                                                                2. Shri Santosh Kumar Ojha, Member.

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

 

 

Shri S. L. Behera, President: - The brief facts of the complainant’s case is that, the complainant availed loan of Rs.6,42,500/- only from the O.P. in the month of January,2016 and purchased one truck bearing Regn. No.OR-23A-9272 which was to be returned within December,2020. The O.P issued No Dues Certificate to the complainant after receiving all the installment amount but due to some over dues charges were pending the O.P refinanced the vehicle.  The complainant has paid Rs.3,55,000/- only upto dated 31.06.2017 but the O.P has demanding  the total balance amount of Rs.8,25,000/- only illegally without supplying any Money Receipt and 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 O.P submitted that the complainant has not paid Rs.3,55,000/- only upto dated 31.06.2017 rather he has paid Rs.2,12,820/- only till dated 02.08.2017. The complainant is in due of Rs.2,85,592/- only till 01.09.2017 and 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. OR-23A-9272 by the O.P. for amount of Rs.6,42,500/-only  and interest of Rs.4,88,015/- only on the said loan amount was to refunded with interest from 01.01.2016 to 05.12.2020.  As per the statement of accounts dtd. 01.09.2017 the complainant had taken four numbers of other loans which all are matured except the said finance amount. On dtd.01.09.2017 the arrear amount was Rs.2,85,592/- only excluding future EMIs. The complainant alleged that the O.P. has not issued Money Receipt against the payment of installments but sent through SMS on mobile phone.  The complainant has filed print outs of such messages over mobile phone.  The O.P has not issued the copy of agreement executed between the parties. Non providing of copy of agreement and money receipts after receiving installment amounts is deficiency in service on the part of O.P towards the complainant.

Hence, we are in considered opinion to allow the complaint petition with direction to the O.P to pay a sum of Rs.20,000/-(Rupees twenty thousand) only  towards harassment, mental agony including litigation cost to the complainant along with supply a copy of loan agreement to the complainant executed between the parties and money receipts . Further the O.P is directed to issue afresh statement of accounts in favour of the complainant and receive the outstanding dues amount from the complainant.   

All the orders are to be carried out within 30(thirty) days from the date of receipt of this order.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 30^th day of July’ 2018.Free 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.