DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 139 OF 2017

Kamlesh Singh (55 yrs.),

S/O- Ramrup Singh,

R/O: Mandalia, PO- Orient Colliery,

PS: Orient, Brajrajnagar,

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

Versus

Branch Manager,

Shriram Transport Finance Co.Ltd.,

Jharsuguda Branch,

AT- Beheramal, PO: Industrial Estate,

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

Counsel for the Parties:-

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

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

Date of Order: 17.07.2018

Present

                                                                   1. Shri Sundar Lal Behera, President.

                                                                  2. Shri Santosh Kumar Ojha, Member.

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

Smt. Anamika Nanda, Member (W) :- The brief facts of the complainant’s case is that, the complainant avail loan of Rs.4,00,000/- only plus interest from the O.P. and purchased one vehicle Tata LPT 2515 TC/48 bearing Regn. No.OR-15N-2155 which was to be returned with interest in 40 nos. of installments of Rs. 15,500/- only within July, 2018. The complainant has paid Rs.3,76,640/- only till December 2017 and has to pay Rs.2,50,000/- only but the O.P is demanding Rs.4,64,895/- only. The O.P has not provided the copy of the agreement. Hence this case.

The O.P. appeared after being noticed and filed written version. The O.P submitted that the complainant has taken loan of Rs.4,00,000/- only vide loan agreement No. JHRSU0502220003 dt.23.02.2015.  Upto dated 10.07.2018 the complainant has outstanding dues of Rs.4,49,399/- only and denied all the allegation made by the complainant with prayed for dismissal of the case.

Heard from the complainant and gone through the case record. The complainant has taken loan of Rs.4,00,000/- from the O.P which was to be refunded in monthly installments started from 05.04.2015 to 05.07.2018.  On dtd. 10.07.2018 the complainant has paid Rs. 4,81,640/- only out of total dues including interest and other charges Rs. 9,31,039/- only  and outstanding dues of Rs.4,49,399/- only.  But the O.P has not filed the copy of agreement on which basis the O.P has calculated.

In the above observation we are in considered opinion to allow partly the complaint case with directions to the O.P to provide a copy of agreement executed between the parties to the complainant and receive the legitimate outstanding dues amount from the complainant.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 17^th day of July’ 2018. Free copy of order shall be supplied to the parties as per rule. 

                                              I Agree.                       I Agree                                                                                                            

S.K.Ojha, Member            S. L. Behera, President         Anamika Nanda Member (W)               

Dictated and corrected by me

Anamika Nanda Member (W)