DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 77 OF 2016
Aproj Khan( 42 Years),
S/O: Harun Khan,
R/O: Qr.No.M-46,Bandhbahal Colony,PO: Bandhbahal,
PS: Banharpali, Dist: Jharsuguda, Odisha……………….…….…………Complainant.
Versus
Branch Manager,
Sriram Transport Finance Co. Ltd., Beheramal Road,Jharsuguda,
PS/ Dist: Jharsuguda, Odisha.…………....……………..…..………….……..Opp. Party.
Counsel for the Parties:-
For the Complainant P.R.M Rao,Adv. & Associates.
For the Opp. Party N.Biswal, Adv. & Associates.
Present:- Shri Sundarlal Behera, President, Shri Santosh Kumar Ojha member, Smt. Anamika Nanda, Member(W).
Order dated 16.10.2017, Shri Sundarlal Behera, President.
The brief facts of the complainant’s case is that, the complainant avail loan of Rs.7,13,893/- only from the O.P. in the month of July’2013 and purchased one vehicle bearing Regn. No.OR-04H-4174. The complainant has paid morethan Rs.7,50,000/- only upto Oct’2016 and he was to pay Rs.2,00,000/- within March’2017. The O.P. has demanding Rs.2,00,000/- only more apart from the future installments to settle the claim without furnishing account statement, 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 O.P. submitted that the complainant has availed loan of Rs.7,13,893/- only which was to be repaid with interest amounting Rs.10,44,627/- only within dtd. 20.03.2017.The complainant also availed other three loans to the tune of Rs.1,07,448/-. The complainant was liable to pay defaulted amount of Rs.6,65,286/- only upto dated 19.12.2016. 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. No.OR-04H-4174 by the O.P. for an amount of Rs. 7,13,893/- only which was to be refunded within 20.03.2017 with interest to the tune of Rs.10,44,627/- only. The complainant had availed three more loans amounting Rs.29,030/- only dtd.31.07.2014,Rs.31,277/- only dt.31.07.2015 and Rs.36,636/- only dt.01.08.2016. All the extra three loans are for 12 months period. As per the statement of accounts filed by the O.P dtd. 06.12.2016 the complainant had arrear dues of Rs.6,65,285/- only as on 19.12.2016. The vehicle is in the possession of the complainant but the O.P is also eligible to get his arrear dues from the complainant. The O.P has not filed the copy of loan agreement except statement of accounts.
On the above observations the complaint petition is hereby partly allowed with directions to the O.P to issue a copy of loan agreement to the complainant and also issue afresh statement of accounts in favour of the complainant and received the arrear dues from the complainant. The O.P is hereby further directed not to mis- utilised the blank cheques given by the complainant if any.
Accordingly the present complaint case is disposed of.
Order pronounced in the open court today the 16th day of October’ 2017. Free copy of this order shall be supplied to the parties as per rule.
I Agree. I Agree.
A.Nanda, Member S.K.Ojha, Member S. L. Behera, President
Dictated and corrected by me
S. L. Behera, President.
