Orissa

Cuttak

CC/56/2014

Bibhuti Bhusan Dehuri - Complainant(s)

Versus

Brannch Manager,Sriram Transport Finance Company Ltd - Opp.Party(s)

R K Pattanaik

25 Oct 2016

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.56/2014

 

Bibhuti Bhusan Dehuri,

At/PO:Khilei,Dist:Deogarh.                                                   … Complainant.

 

Vrs.

1.        Branch Manager

Shriram Transport Finance Co. Ltd.,

Keonjhar Branch,Hospital Road,

Near S.B.I,Keonjhar Town,Dist:Keonjhar.

 

2.         Branch Manager,

Shriram Transport Finance Co. Ltd.,

      Cuttack Branch,Mahanadi Vihar,

      Cuttack.                                                                                  … Opp. Parties.

 

Present: Sri Dhruba Charan Barik,President.

Sri Bichitrananda Tripathy, Member.

Smt. Sarmistha Nath, Member(W).

 

Date of filing:   30.04.2014

Date of Order: 25.10.2016

 

For the complainant   :      Sri R.K.Pattnaik,Advocate & Associates.

For the O.Ps.               :       Mr. J.Pattnaik,Advocate & Associates.

 

Mr. Bichitra Nanda Tripathy, Member.

                This case is against the O.Ps for deficiency in service.

1. In nutshell the complaint is as follows:-

1. The complainant borrowed a sum of Rs.5,00,000/- from O.Ps(Sri Ram Transport Finance Company)  on 18.08.2011 and purchased a Tata truck –LPT 2515 bearing Regd. No.OR-09-E-6169 and agreed to pay installments vide loan agreement No.BALSO 0108180001 dt.18.8.2011.  The loan was repayable in 45 installments (E.M.Is) of which 1^st to 6^th installments were fixed @ Rs.20,000/- P.M and rest 39 installments were fixed @ Rs.17,415/- P.M.  The period of agreement completed on 20.5.2015(Annex-1).
2. The vehicle was having National permit and was plying throughout India.  Once it was seized while the vehicle was near Durgapur (West Bengal) in connection with P.S. /case being implicated offence U/S 406,407& 120(b) of the I.P.C and was released after investigation by Addl. C.J.M,,Durgapur on 03.04.2014(Annex-2).
3. The E.M.Is for the period from February,2013 to March,2014 were not paid due to such seizure and the complainant requested the O.Ps to re-phase/re-schedule the loan amount so that the complainant will be able to repay the loan amount.  But even if required documents were signed by the complainant for rephase/reschedule of said loan A/c, no letter was issued by the O.P to the complainant indicating such rephasement for which the complainant apprehended that the vehicle might be seized at any point of time by the O.P.
4. Even if the complainant is willing to repay the loan in installments, the O.Ps are insisting to repay the entire loan amount at a time. The complainant is suffering from huge financial loss and mental agony due to threat of seizure by the O.Ps and finding no other ways he has taken shelter of this Hon’ble Forum with prayer to instruct the O.Ps to allow the complainant to repay the loan in installments by re-phasing the loan A/c, not to seize the vehicle till settlement of the loan amount and also to pay Rs.50,000/- for mental agony and harassment and Rs.2000/- towards cost of litigation.
5. The complainant also filed a misc. case on 30.04.2014 and prayed to direct the O.Ps not to seize the vehicle during pendency of the disputed case.  This Hon’ble Forum was pleased to direct the O.Ps on 01.05.2014 not to seize the vehicle till appearance.

2. The O.Ps have filed the written version dt.20.8.2014 and intimated as follows:

1. That the complainant had taken a loan of Rs.5,00,000/- vide Loan-cum-Hypothecation agreement No.BALSO-0108180001 dt.18.8.2011 concerning to vehicle bearing Regd. No.OR-09E-6169.  As such the complainant was liable to repay a sum of Rs.7,84,396/- in 45 monthly installments commencing from 20.09.2011 till 20.5.2015.  The 1st installment was Rs.18,136/- only and rest 44 installments were @ Rs.17,415/- each.
2. That as on 24.5.14 against the total payable amount of Rs.7,63,382.97p the complainant had paid a sum of Rs.3,22,859/- only  and a sum of Rs.4,40,523.97p was overdue.  Two more installments were also due as on 20.8.2014 besides delay payment charges.
3. That the complainant has not requested the O.Ps for re-phasement of such loan to facilitate him to repay the loan in easy installments nor the O.Ps have given any assurance to the complainant to rephrase the said loan A/c. Moreover the complainant has not repaid 50% of the loan amount for which the said loan A/c was not illegible for rephasement as per rephasement norms.
4. That the Consumer Forum cannot compel the financier to restructure the loan in absence of bonafide on the part of the loanee.

3. We have gone through the case in details and  perused the documents/papers as filed by the complainant as well as by the O.Ps minutely and observed as follows:

1. No doubt the borrower has taken a loan of Rs.5,00,000/- to repay the same in 45 installments as fixed for the purpose.
2. The borrower/complainant has defaulted to repay installments in time for which a sum of Rs.4,40,523.97 was over due as on 24.5.2014.
3. The stand taken by the complainant that he has defaulted only 12/14 installments due to seizure of the vehicle from February,13 to March,14 is not correct since the defaulted amount is Rs.4,40,523.97p as on 24.5.14.
4. The agreement period is also over as on 20.5.2015 and already 17 months have already passed beyond the agreement period.

4. Basing on the facts and circumstances as stated above and to meet the ends of justice, we have observed that the O.Ps are not at fault and the borrower is a defaulter in repaying the loan amount.

ORDER

                                  The complainant has failed to prove the deficiency in service on the part of O.Ps.  Hence the case is dismisised.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 25^th   day of October, 2016 under the seal and signature of this Forum.

   (Sri B.N.Tripathy )

                                                                                                                       Member.

 

                                                                                                           (Sri D.C.Barik)

                                                                                                                   President.

 

 

                                                                                                         (Smt. Sarmistha Nath) 

                                                                                                   Member(W).