DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO.72 OF 2016
Arjun Singh( 60 Years),
S/O- Ram Pukar Singh,
At/Ps: Lamtibahal, PS: Brajrajnagar,
Dist: Jharsuguda,Odisha…………………………….…….…………Complainant.
Versus
The Branch Manager,
Sriram Transport Finance Co. Ltd., Jharsuguda Branch,
At: Beheramal Road,
PS/Dist: Jharsauguda, Odisha…………………....…….…..….……..Opp. Party.
Counsel for the Parties:-
For the Complainant Shri P.R.M Rao, Adv. & Associates.
For the Opp. Party Shri N.Biswal, Adv. & Associates.
Date of Order: 04.07.2017
Present
1. Shri S.L.Behera, President.
2. Shri S.K. Ojha, Member.
3. Smt. A. Nanda, Member (W).
Smt. A. Nanda, Member (W):- The brief facts of the complainant’s case is that, the complainant availed loan of Rs.9,68,457/- only from the O.P. on dtd.26.07.2011 and purchased one vehicle bearing Regn No. OR 23 B 0961 which was to be returned with interest in monthly installments. The complainant has paid more than Rs.19,00,000/- only. Regarding the said vehicle the complainant had filed a Complaint case before this forum vide CC case No. 94 of 2015 which was dismissed. The complainant alleges that the O.P is illegally demanding Rs.9,00,000/- only in order to issue No Dues Certificate. The complainant is ready to pay the defaulted amount and while asking about the current balance of his loan account the O.P denied to supply the statement of accounts and threatening to seize the vehicle, 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 has taken loan of Rs. 10,44,487/- only. On dtd. 28.03.2017 the complainant was to pay Rs.17,98,798/- only, the case is under arbitration clause and denied all the allegations imposed by the complainant, prayed for dismissal of the case.
Heard and perused the case record along with materials available. As per the statement of account issued by the O.P dtd. 28.03.2017 the complainant had taken 06 types of loans in different dates. The installment due of the first loan was from 05.09.2011 to 05.06.2015 and the installment due of the last loan was from 05.03.2016 to 05.02.2017. The tenure of all the loans are expired. On dtd. 28.03.2017 the complainant had to pay Rs. 17,98,798/- only as arrear amount and as on dtd. 04.04.2017 the total dues amount was Rs. 18,25,780/- only. This Hon’ble forum has disposed the matter earlier bearing CC Case No. 94 of 2015. The O.P has complied the order of Misc. Case No. 19 of 2016 passed by this forum on dtd. 07.10.2016. The vehicle is under possession of complainant and it the duty of complainant to clear all the dues but without account statement and copy of agreement the complainant is not able to pay.
In the above observations and analysis the case of complainant is allowed with directions to the O.P to supply the current account statement with a copy of agreement to the complainant.
Accordingly the case is disposed of.
Order pronounced in the open court today the 04th day of July 2017 and copy of this order shall be supplied to the parties as per rule.
I Agree.
S. L. Behera, President S.K.Ojha, Member A. Nanda, Member
Dictated and corrected by me
A. Nanda, Member
