DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO.110 OF 2017

Gajananda Bhainsa( 26 Yrs.),

S/O- Sitaram Bhainsa,

RO: Qr. No.119,Near Jagya Mandap,  

PO: Bandhbahal,PS: Banharpali,

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

Versus

Shriram Transport Finance Co. Ltd.,

At-2^nd Floor, Panigrahi Complex,Beheramal,

PO: Industrial Estate,

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

Counsel for the Parties:-

For the Complainant                                P.R.M.Rao, Adv. & Associates.

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

Date of Order: 23.07.2018

Present

1. Shri Sundar Lal Behera, President.

                                                                                2. Shri Santosh Kumar Ojha, Member.

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

Shri S. L. Behera, President: - The brief facts of the complainant’s case is that, the complainant availed loan of Rs.3,70,000/- only from the O.P.in the month of March,2016 and purchased one truck bearing Regn. No.OR-09J-1007 which was to be returned within January,2019 with interest @ 7% in monthly installments. The complainant is ready to pay the dues amount to the O.P but the O.P is demanding Rs.3,50,000/- only without showing any proper calculation or copy of agreement, hence this case.   

The O.P. appeared through his counsel after being noticed and submitted that the complainant is a defaulter in making payments of installments. The complainant is in due of Rs.5,14,050/- only till dated 19.11.2017. The O.P denied all the allegations imposed by the complainant and prayed for dismissal of the case.

Heard and perused the case record along with materials available. The complainant was financed a vehicle bearing Regn. No.OR-09J-1007 by the O.P. for amount of Rs.3,70,000/- only which was to be refunded with interest from 14.03.2016 to 20.02.2019.  As per the statement of accounts dtd. 14.11.2017 the complainant was to pay Rs.4,06,008/- only.  

The said vehicle is in the possession of the complainant and as per the statement of accounts the loan period will be expired on dt.20.02.2019. The complainant is ready to clear all the outstanding dues where the O.P is also entitled. The O.P has not supplied the proper calculations of loan and any copy of agreement to the complainant. 

In the above observations we are in considered opinion to allow partly the complaint case with directions to the O.P to issue afresh statement of accounts in favour of the complainant and receive the outstanding dues amount from the complainant. The O.P is also directed to supply a copy of loan agreement to the complainant executed between the parties and not to misutilise the blank cheques of complainant if any.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 23^rd  day of July’ 2018.Free copy of this order shall be supplied to the parties as per rule. 

           I Agree                          I  Agree.                                                                                       

         S.K.Ojha, Member        A.Nanda, Member(W)          S. L. Behera, President                 

Dictated and corrected by me

      S. L. Behera, President.