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Desraj Yadav S/o sh. Patram Yadav filed a consumer case on 05 May 2015 against Shriram Transport Finance Co. Ltd. Through Manager in the StateCommission Consumer Court. The case no is FA/2/2014 and the judgment uploaded on 13 May 2015.
BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1
FIRST APPEAL NO: 02/2014
Deshraj Yadav r/o village Loghadi, Post Padisal Tehsil & Distt. Alwar
Vs.
Sriram Transport Finance Co. Ltd. Office Roshan Tower, Near Krishi Upaj Mandi, Alwar & ors.
Date of Order 5.5.2015
Before:
Hon'ble Mr.Vinay Kumar Chawla-Presiding Member
Mrs.Sunita Ranka -Member
Mr.Kailash Soyal- Member
Mr. D.M.Mathur counsel for the appellant
Mr. Puneet Sharma counsel for the respondent no.1
Mr.Yashdeep Singh counsel for respondent no.2
None present on behalf of respondent no.3
2
BY THE STATE COMMISSION
This appeal has been filed against the judgment of learned
DCF Alwar dated 31.10.2013 by which it dismissed the complaint.
Brief facts giving rise to this dispute are that the complainant had taken a finance of Rs. 3,46,896/- on a taxi car purchased by him. After paying seven instalments of Rs. 13,073/- each the car was stolen. A theft claim was lodged with the Insurance Company and the insurance company paid a sum of Rs.4,85,589/- to the finance company. After adjusting the amount received by way of seven instalments and the amount received from the insurance company the financier had received Rs. 1,32,364.11 in excess. The financier's case is that they tried to refund this amount to the complainant but he refused to accept it. On the other hand the complainant had alleged that a sum of Rs.2,00,704/- were due to him.
We have heard the arguments and perused the statement of account. On perusal of the account we are satisfied that the respondents have placed a correct account statement of the complainant. The complainant has been given interest rebate as
3
amount was received from the insurance company in lumpsum on theft of the vehicle. The complainant has not been able to prove how Rs. 2,00,704/- was due. At the same time the respondents have not been able to prove that they had sent a cheque of Rs.1,32,364.11 to the complainant which was refused.
In view of this we partially allow this appeal and direct the respondent no.1 to refund the above amount to the complainant alongwith interest @ 10% p.a. from the date of complaint. A sum of Rs.5100/- will be paid as cost of the complaint.
Member Member Presiding Member
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