Uttar Pradesh

Aligarh

CC/41/2021

HARPAL SINGH - Complainant(s)

Versus

MANAGER OTHRISED OFFICER SRIRAM TRANSPORT FIENCE CO LTD - Opp.Party(s)

18 May 2023

ORDER

न्यायालय जिला उपभोक्ता विवाद प्रतितोष आयोग अलीगढ

Complaint Case No. CC/41/2021 ( Date of Filing : 21 Jun 2021 )   1. HARPAL SINGH age 43 years s/o sri bhawar singh r/ogram PO DHAUDHALI TEHSIL IGLAS ALIGARH ...........Complainant(s) Versus 1. MANAGER OTHRISED OFFICER SRIRAM TRANSPORT FIENCE CO LTD MN 16 FIRST FLOOR NIBARI HOUSE SOOT MILL CROSSING NEAR RTO ALIGARH 2. CHAIRMAN/CEO SRI RAM TRANSPORT FIENCE CO LTD 3RD FLOOR 4 LADYDESIKCHARI ROAD MUKMAVIKA COMLEX MILAPOR CHANNAI TAMILNADU 600004 ............Opp.Party(s)

BEFORE:     HON'BLE MR. HASNAIN QURESHI PRESIDENT   HON'BLE MR. ALOK UPADHYAYA MEMBER   HON'BLE MRS. PURNIMA SINGH RAJPOOT MEMBER

PRESENT:

Dated : 18 May 2023

Final Order / Judgement The present complaint has been filed by the complainant before this commission for  the following reliefs- The Ops be directed to refund the amount Rs.192000/. Ops be directed to waive the loan amount Rs. 426686.25 and not to take the possession of the tractor. Compensation for Rs.50000/.  The Complainant has stated that he is a farmer and he had taken loan Rs. 239010 on 10.06.2015 from the Ops finance company under the scheme of KCC to purchase a tractor. The loan account no. is 0506050002. Complainant was assured by the Op no.1 to pay interest at the rate 10% on tractor loan for agriculture purposes as per rules of the government of India and the complainant reposing confidence on OP no.1 signed the papers. Complainant repaid the loan amount in installments and the loan amount with the interest total amount Rs.400000/ was paid by him and nothing is due against him., but the OP no.1 was misled by the op no.1 in getting his signatures on the papers shown in the loan amount Rs.299800/ by way reversal on the pretest that the NOC shall be issued after putting signature by the complainant but no certificate was issued and the amount Rs.192000/ was received.  Ops again charged interest at rate 36% and an amount of Rs.426686.27 was shown. Complainant protested again the same and the said amount is not legally recoverable. Ops did not contest the case despite of sufficient Service.  Complainant has filed his affidavit and papers in support of his pleadings. We have perused the material available on record and heard the complainant’s counsel. Admittedly, Complainant’s had taken loan Rs. 239010/ on 10.6.2015 from the Ops under the KCC scheme to purchase a tractor. Complainant has alleged that he was assured to charge the interest at the rate 10% under the rules of Government of India. Complainant has not referred to any such rule for charging the interest at the rate 10 % and he has not filed the agreement executed between the parties regarding agreed rate of interest. The oral statement made by the complainant regarding rate of interest is not admissible in case of reducing the agreement in writing regarding transaction of loan including rate of interest. Further, complainant has not mention the no. of EMI and amount of each EMI for repayment of loan. Complainant has not disclosed the period within which the loan amount was to be paid. It is not clear whether the payment of EMI was regular and there was no default in payment. It is not clear on which date the amount of Rs.400000/ was paid. It can not be concluded in absence of aforesaid pleading and material to arrive at a decision as to the amount paid by the complainant was in full and final satisfaction of the loan amount under the terms and conditions of the agreement of loan. We find no substance in the complaint Which  is liable to be dismissed.  We hereby dismissed the complainant. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties. File be consigned to record room along with a copy of this judgment.

[HON'BLE MR. HASNAIN QURESHI] PRESIDENT     [HON'BLE MR. ALOK UPADHYAYA] MEMBER     [HON'BLE MRS. PURNIMA SINGH RAJPOOT] MEMBER