DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO.149 OF 2017

Soumitra Senapati, (29 Years),

S/O- Late Nirmal Senapati,

R/O: Lamtibahal,PO/PS: Brajrajnagar,

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

Versus –

The Branch Manager

Shriram Transport Finance  Co. Limited,Jharsuguda,

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

Counsel for the Parties:-

For the Complainant                                  R.K.Pal, Adv. & Associates.

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

Date of Order: 13.08.2018

Present

                                                                            1. Shri Sundar Lal Behera, President.

                                                                            2. Shri Santosh Kumar Ojha, Member.

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

Shri Sundar Lal Behera, President :- Brief fact of the case is that, the complainant has availed loan  of Rs.4,50,000/- only from the O.P. on execution of loan agreement to be repaid in 42 nos. of monthly installments @ Rs.17,250/- only per month commencing from dt.23.09.2015 to dt.05.03.2019 against his vehicle NO. OR 23B-3417. As per the statement of account as on dtd.09.07.2018 the complainant has paid an amount of Rs.1,64,300/- only against the due of Rs.10,49,808.31P.  The complainant alleges deficiency in service on the part of O.P saying that no copy of account statement and agreement have been provided to him despite several approach.  The complainant has also claim to have paid more than Rs.1,70,000/- only as on December,2017, his main allegation is that the statement of account raise by O.P is wrong and some amount have been charged arbitrarily under different head and the O.P is illegally demanded more than the amount what the complainant is required to pay while repayment of the loan.  On the other hand the O.P had reputing the allegations made in the complaint petition and submit that the statement of account are being prepared time to time basing on the amount due, amount paid as well as the amount to be charged under DPC as per term and condition of the agreement executed by the complainant as loanee.  According to the O.P as on dtd.09.07.2018 the complainant is liable to pay a some of Rs. 8,85,508.31P as the same has been shows as outstanding arrear amount in the loan account of the complainant.  Hence it denied to have rendered any deficient service by demanding the arrear amount to the complainant.

            On perusal of complaint petition, written version including available documentary evidence on record and after hearing from both the side it reveals that the dispute in between the complainant and O.P mainly rests on the dispute relating to account made in the statement of account furnished by the O.P. settled law is that the Forum cannot adjudicated any dispute relating account matter. To result the dispute in account matter the proper course is to approach to the civil court as has got the power to result such dispute.

            Therefore, we dismiss the complaint and the complainant is at liberty to raise his grievance before the civil court for proper adjudication, if he wishes.

            Accordingly, the complaint petition is dismissed.

            Accordingly the present complaint case is disposed of.

Order pronounced in the open court today the 13^th day of August’ 2018 and copy of this order shall be supplied to the parties as per rule. 

         I Agree.                           I Agree.                                                             

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

Dictated and corrected by me

     S. L. Behera, President