Orissa

Jharsuguda

CC/58/2018

Md.Etmad Hussain S/O- Md.Husain - Complainant(s)

Versus

G.M. Shriram Transport Finance Company Ltd. - Opp.Party(s)

S.S. Mohanty

12 Sep 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 58 OF 2018

Md. Etmad Hussain (28 Yrs.),

S/O- Md. Hussain,

RO: At/PO: Panchpada, Baba Tyre Works,  

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

                                                 

Versus

 

1. General Manager,

Shriram Transport Finance Company Ltd.,

101-105, 1^st Floor, Shiv Chamber,

Sec-11, C.B.D,Navi Mumbai,

New Mumbai-400064.

 

2. Branch Manager,

Shriram Transport Finance Company Co. Ltd.,

At: Beheramal, PO: Industrial Estate,

PS & Dist: Jharsuguda, Odisha.…….…....…….…..…….……..Opp. Parties

 

Counsel for the Parties:-

For the Complainant                                S.S.Mohanty, Advocate.

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

 

Date of Order: 12.09.2018

 

Present

 

                                                                        1. Shri Santosh Kumar Ojha, Member.

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

 

Smt. Anamika Nanda, Member(W):-  Brief fact of the case is that, the complainant has availed loan  of Rs.4,09,000/- only and financial charges of Rs. 1,22,396/- only  from the O.Ps. on execution of loan agreement to be repaid in 44 numbers of monthly installments against his vehicle NO. OD-23-D-2403. The complainant could not paid some of the installments in time due to his financial problems   and paid Rs. 18,000/- only on dtd. 09.04.2018. The O.Ps are demanding Rs.1,90,113/- only without any reason.  The complainant alleges deficiency in service on the part of O.Ps who threatening to the seize the vehicle

 On the other hand the O.Ps 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.Ps as on dtd.30.05.2018 the complainant is liable to pay a sum of Rs. 4,24,950.16P only including arrear amount of Rs. 2,13,193.74P only. 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 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.Ps. settled law is that the Forum cannot adjudicated any dispute relating account matter. To resolve 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 present complaint case is disposed of.

Order pronounced in the open court today the 12^th day of September 2018 and copy of this order shall be supplied to the parties as per rule. 

             I Agree.                                  

 

                                         

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

Dictated and corrected by me

 

     A. Nanda, Member(W)