DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI

                                                                                   C.C.NO. 30 OF 2015

Present: Sri Rabindranath Mishra          - President

                 Miss Sudhiralaxmi Pattanaik     - Member.

                 Sri Purna Chandra Tripathy       - Member.

Pramoda Kumar Sahu, Aged – 52 years

S/O: Late Radha Mohan Sahu,resident of Hatapada, Phulbani

PO/PS: Phulbani Dist: Kandhamal                                                         ………………………  Complainant.

                                     Versus.

1 . Sriram Transport Finance Co. Ltd.

Parvatipuram Branch Being represented by its

Authorised Signatory Siba Sankar, S.Branch Manager

Beside Lodge Laxman, Ist Floor Near Town Railway Station

Rajivmarg Parvati Puram Viziangaram (Dist) PIN: 635501

Andhra Pradesh                                                                                   

2 . Sriram Transport Finance Company Limited,

101,105 ist Floor, B Wing, Shiv Chambers Sector – 11,

C.B.D., Belapur, Navi Mumbai- 400614                                                  …………………..   Opp. Parties .

For the Complainant:  self

For the Opp. Parties   : None.

Date of Order:  30-05-2016

O R D E R  

                                            The case of the Complainant in short is that he had availed the financial assistance from O.P No.1 to the tune of Rs. 7,27,000/- in the year 2006 and purchased one TATA Truck duly registered as OR-12-A/3215 before the R.T.A, Phulbani. The Complainant deposited installments regularly till 20-08-2012 and already paid Rs.10, 68,392/- to O.P No.1. Subsequently it was decided by both the parties for one time settlement.

                                                                                                         -2-

Accordingly on 25-10-2013 O.P No.1 intimated the Complainant to deposit Rs. 3,00,000/- towards full  and final amount of settlement within 15-11-2013 . As per the said letter the Complainant had deposited Rs. 100,000/- on 25-10-2013 and Rs. 80,000/- on 10-12-2013 under receipt dated 11-12-2013, but he was unable to deposit Rs. 1,20.000/- due to prolonged illness of his son. When the Complainant requested the O.Ps to deposit the rest amount they are not accepting the said proposal and the O.Ps were demanding huge amount of Rs. 8,08,605/- by sending a notice to the Complainant on 01-09-2015 violating their previous decisions. Therefore the Complainant suffered mental agony and financial loss and filed this complaint claiming compensation of Rs. 50,000/- towards his mental agony and Rs. 25,000/- towards cost of litigation with a prayer for following relief:-

i) .           For a direction to the O.Ps to receive the rest amount of Rs. 1, 20,000/- as per letter dated 25-10-2013.

ii).          to waive out the claim amount of Rs. 8, 08,605/- claimed in the notice dated 01-09-2015 as illegal.

iii).         to pay Rs. 50,000/- to the Complainant as compensation towards his mental agony.

iv).         to award  Rs. 25,000/- towards the cost of litigation in favor of the Complainant.

                                                       During course of hearing, the Opposite Party No.1 was set exparte on 07-11-2015 as he refused to receive the registered notice of this Forum and the O.P No.2 was also set exparte on 21-04-2016 as he failed to attend this Forum in spite of getting registered notice and fax message.

                                     We have gone through the complaint petition, and the copies of documents filed by the Complainant in support of his case. We have also heard the complainant. It is seen from the letter dated 25-10-2013 given by O.P No.1 that the Full and Final settlement amount was fixed to the tune of Rs. 3,00,000/-which was valid till 15-11-2013 . Thereafter the O.P No.1 was silent and failed to demand the rest amount of Rs. 1, 20,000/- from the Complainant. After two years the demand of Rs. 8,08,605/- by O.P No.1 as per his letter dated 01-09-2015 is illegal and the same is violating the principle of natural justice . Before sending this letter to the Complainant no opportunity was given to the Complainant to repay the rest amount of Rs. 1,20,000/-when the complainant was willing to pay the same amount. The O.Ps are very much negligent  in their duty and harassed the Complainant with ill motive. We do not know why the O.Ps were not willing to attend this Forum to contest the case against the Complainant. Waiting for two years and demanding interest without giving any scope to the Complainant to clear-up his dues amounts to deficiency in service on the part of the Finance Company. Hence the complaint filed by the complainant is allowed exparte against the Opposite Parties.

                                                                                                     -3-

                                As both the O.Ps are jointly and severally liable for the deficiency in service, they are directed to handover the loan clearance papers to the Complainant after receiving Rs. 1,20.000/- from the Complainant within 30 days from the date of receipt of this order . Further we direct the O.P to waive out the claim amount of Rs.8,08,605/-claimed by the O.P No.1 as per his notice dated 01-09-2015 being illegal and in proper in the  eye of law . The O.Ps are further directed to pay compensation of Rs. 10,000/- towards mental agony of the Complainant along with Rs. 5,000/- towards cost of litigation within the above period.

                                The C.C is disposed of accordingly. Supply free copies of this order to both the parties at an early date.

                      MEMBER                                                                MEMBER                                              PRESIDENT