DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 94 OF 2016

Kasturi Gouda (58 Yrs.),

W/O- Pari Gouda,

RO: Hill Top Colony, Qr. No.B/ 93,

PO: Rampur Colliery, Brajrajnagar, PS: Brajrajnagar, 

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

Versus

1. Branch Manager,

Shriram Transport Finance Co. Ltd.,

At: 2^nd Floor, Geetanjali Complex, Beheramal,

           PO/PS/ Dist: Jharsuguda, Odisha….……...…….…..….……….…..Opp. Party.

Counsel for the Parties:-

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

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

Date of Order: 07.11.2017

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 avail loan of Rs.6,00,000/- only plus interest from the O.P. and purchased one vehicle Tata LPT 25-15 TC/48 bearing Regn. No.OR-23B-2974 which was to be returned with interest within Janyuary’ 2017 in monthly installments. The complainant has paid more than Rs.5,86,669/- only as on July’2016. The complainant was paying the monthly installment regularly. The complainant is ready to clear all the dues but the O.P. is demanding Rs.8,25,000/- only extra to settled the claim without furnishing any 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.  On dtd. 19.02.2017 the complainant was to pay Rs.9,97,310/- only. 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-23B-2974 by the O.P. and taken loan for an amount of Rs.6,00,000/- only vide agreement No. JHARSU0301250001 dtd.25.01.2013. The complainant has taken another loans time to time i.e. on dt.30.10.2013, 28.06.2014, 24.06.2015 and 24.06.2016 amounting Rs.29,869/-, 30,279/-, 34,856 and 36,789/- only respectively. As per the statement of account dtd. 18.02.2017 the complainant was to pay Rs.9,97,310/- only. and the tenure of all the loans are matured.  

The said vehicle is in the possession of the complainant and as per the statement of account the loan period of all the loan accounts have been expired but the complainant is also interested to clear his dues but without a copy of agreement and statement of accounts is needed for clarification.  

In the above observation we are in considered opinion to allow partly the complaint case with direction to the O.P to issue afresh statement of accounts in favour of the complainant along with a copy of loan agreement and receive the outstanding dues amount from the complainant.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 07^th day of November’ 2017 and copy of this order shall be supplied to the parties as per rule. 

          I Agree.                       I Agree                                                                                                            

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

Dictated and corrected by me

      S. L. Behera, President.