As per Hon’ble President Mr. Atul Alshi.
1. The complainant filed complaint case against OP finance company for refusal to supply statement of loan account and change the interest rate and thereby claiming compensation and cost of litigation.
2. The complainant purchased tractor bearing No. MH 36-6093 and trailer MH 40 A-6312 from Gulam Moinuddin A. Rehman r/o Kamthi on dtd.10/07/2009 against price of Rs.2,00,000/- and remaining of Rs.1,50,000/- has been paid under finance from OP as per agreement of sale. The complainant used tractor for transportation of sand, crushed stone for earning his livelihood. The complainant paid the amount of Rs.2,24,581/- to his loan account but the OP had issued illegal notice of seizure on 07/06/2013. The complainant sought information in respect of calculation of rate of interest and method of calculation of interest alongwith statement of account on 18/06/2013 and 21/07/2013 but OP failed to issue the requisite documents and shown Rs.49,362/- as outstanding amount towards loan account. The act of OP amounts to unfair trade practice therefore, the complainant filed this case.
3. The OP filed reply and denied allegations against it. The complainant was regular defaulter and not paying instalments on due dates. The OP has rescheduled loan account in 2012 but the complainant has not paid the loan amount on regular basis. The OP has charged the interest and other charges as per terms and conditions of loan agreement and due to non payment of loan amount after notice the vehicle was seized. The OP has filed the repayment schedule and it clearly established that complainant is defaulter. Therefore the complaint is deserved to be dismissed with cost.
4. Counsel for the complainant argued the case on merit at length. OP and his counsel absent. After hearing of case the following points arose for consideration.
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- Whether the complainant is consumer? Yes.
- Whether there is deficiency in service on the part of OP? No. 3) What order? As per final order.
REASONING
5. Point No. 1 to 3 – The OP has filed the statement of loan account of complainant’s vehicle. It shows that the complainant was irregular in repayment of loan amount. As per statement of loan account filed by OP on record the complainant was arrears of Rs.45,251/-. As per loan agreement, terms and conditions No. 6 the financer has right to repossess the hypothecated asset at any time without notice to the borrower but the case at hand the OP has seized vehicle after notice of arrears of loan account. Moreover, the complainant has not filed any letter of supply of statement of account to OP which is duly acknowledged with stamp of OP therefore, the contention of complainant that after repeated demand the OP failed to supply statement of account cannot be accepted. Hence, there is no negligence and unfair practice on the part of OP. Hence case is dismissed.
ORDER
- The complaint is dismissed with no order as to cost.
- Copy of the order shall be given to both the parties, free of cost.
