DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 83 OF 2016
Mahesh Tiwari,
S/O- Jagdish Tiwari,
RO: Gumadera, Churchpada, PO/PS: Belpahar,
Dist: Jharsuguda,Odisha……………………….……….…….…………Complainant.
Versus
- Branch Manager,
Shriram Transport Finance Co. Ltd.Jharsuguda Branch,
Beheramal Chhack,Jharsuguda,
Dist: Jharsuguda, Odisha…
- Regional manager,
Shriram Transport Finance Co9. Ltd.,
Admn. Office: 101-105, 1st Floor, B. Wing,
Shiv Chambers, Sec-11, C.B.D, Belapur,
Navi Mumbai- 400 614……………………...…….…..….….…..Opp. Parties.
Counsel for the Parties:-
For the Complainant Shri K.K.Mishra, Adv. & Associates.
For the Opp. Parties Shri N. Biswal, Adv. & Associates.
Date of Order: 28.06.2017
Present
1. Shri S.L.Behera, President.
2. Shri S.K. Ojha, Member.
Shri S. L. Behera, President: - The brief facts of the complainant’s case is that, the complainant avail loan of Rs.6,50,000/- only plus interest from the O.P. and purchased one vehicle bearing Regn. No.OR-23C-0134 which was to be returned with interest within 07.08.2016 in monthly installments of Rs.27,960/- only the 1st installment thereafter all the 2nd to 43rd installments were of Rs.22,430/- only.The complainant has paid more than Rs.9,04,290/- only as on 31.10.2016. The complainant was paying the monthly installment regularly but due to medical problem of complainant’s wife since one year the complainant could not able to pay some of installments in time. 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 their 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.2,68,899/- only. The complainant had taken another two loan of Rs.26,729/- and Rs.36,114/- only for which interest of Rs.2,863/- and Rs.4,026/- only were charged. 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-23C-0134 by the O.Ps. and taken loan for an amount of Rs.6,50,000/- only, Rs. 26,729/- and Rs.36,114/- only on which interest was charged of Rs.3,20,022/- only, Rs.2863/- and Rs.4,026/- only respectively which was to be refunded in 43 numbers, 12 and 12 respectively of monthly installments with interest started from 20.04.2013 to 20.10.2016 , 20.02.2015 to 20.01.2016 and 20.02.2016 to 20.01.2017 respectively. The tenure of all the loans are matured. As per the statement of accounts issued by O.Ps. dtd. 17.02.2017 the total full and final settlement amount was due of Rs.2,72,932/- only on dtd. 19.02.2017.
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 desires for NOC.
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 and receive the outstanding dues amount from the complainant and after clearing of all the dues issue No Objection Certificate in his favour.
Accordingly the case is disposed of.
Order pronounced in the open court today the 28th day of June’ 2017 and copy of this order shall be supplied to the parties as per rule.
I Agree.
S.K.Ojha, Member S. L. Behera, President
Dictated and corrected by me
S. L. Behera, President.
