DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO.80 OF 2017

Sushanta Maharana( 30 Yrs.),

S/O- Guru Charan Maharana,

RO: Gumadera, Malipara( Khalguda),

PO/PS: Belpahar, Dist:Jharsuguda,Odisha…………………………Complainant.

Versus

1. Branch Manager,

Shriram Transport Finance Co. Ltd., Rourkela Branch,

JBS Complex, 2^nd Floor, Nr. Uditnagar P.S,Rourkela,

Dist: Sundargarh, Odisha.

2. Regional Manager,

Shriram Transport Finance Co. Ltd.,

Admn Office: 101-105, 1^st Floor, B Wing, Shiv Chamber,

Sec-11, C.B.D, Belapur, Navi Mumbai- 400 614………..….….Opp. Parties.

Counsel for the Parties:-

For the Complainant                               K.K.Mishra,Adv. & Associates.

For the Opp. Parties                              Self.(None)

Date of Order: 11.07.2018

Present

                                                                            1. Shri Santosh Kumar Ojha, Member.

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

Shri Santosh Kumar Ojha, Member :- The brief facts of the complainant’s case is that, the complainant availed loan of Rs.3,90,000/- only from the O.Ps. without including interest and purchased one heavy vehicle bearing Regn. No.OR-14Q-5953 by executing an agreement which was to be returned from dtd.20.11.2015 to 20.10.2018 in monthly installments. The complainant has paid Rs.2,90,750/- only out of total outstanding dues but the O.P is demanding Rs.1,29,000/- only as OD charges illegally out of the actual dues and threating to seize the vehicle, hence this case.

The O.Ps. failed to appear after being noticed and filing of written version.

Heard from the complainant and gone through the case record. The complainant has executed an Agreement for Sale  on dtd.20.06.2017 with the

 registered owner of vehicle bearing Regn. OR-14Q-5953 namely Sujata Kumar Upadhaya son of Prafulla Kumar Upadhaya, resident of Kumbharpada, PO/PS-Rajgangpur, Dist- Sundargarh, Odisha before the date of expiry of loan agreement. On the basis of the said Agreement for Sale the complainant is in physical possession of the said vehicle and is taking care of the said vehicle including refunding of the loan amount to the O.Ps. and on the said strength the complainant filed this case.

            As per the statement of accounts issued by the O.Ps. dtd.16.06.2017, the registered owner/ the complainant is liable to pay Rs.4,26,454/- only.  This Forum pleased to grant an ex-parte interim relief in favour of the complainant on dtd.27.07.2017 against the O.Ps directing not to seize the vehicle of complainant until further order which is complied by the O.Ps. and since then the vehicle is in the possession of complainant. On allegation, the O.Ps. kept silent which shows that they have nothing to say in this case.

After financing of vehicle by the O.Ps. to the complainant, the complainant is also liable to refund the loan amount with interest alongwith other charges, if any, within the stipulated period of time i.e. on or before 20.10.2018.  

In the above observations we are in considered opinion to allow partly the complaint case with directions to the O.Ps to issue afresh statement of accounts indicating proper current 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 July’ 2018. Free copy of this order shall be supplied to the parties as per rule. 

           I Agree,                                     

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

Dictated and corrected by me

                                                 S.K.Ojha, Member