Orissa

Jharsuguda

CC/40/2015

Bachha Prasad S/O-Harinandan Prasad - Complainant(s)

Versus

The Branch Manager,Sriram Transport Finance Co .Ltd - Opp.Party(s)

S.P.Ray

12 Jul 2016

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 40 OF 2015

 

Bachha Prasad ( 40 Yrs.),

S/O- Harinandan Prasad,

RO: OMP Colony, PO/PS: Brajrajnagar, 

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

                                                 

Versus

 

Branch Manager,

Shriram Transport Finance Co. Ltd.

Jharsuguda Branch, At: Beheramal Road,

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

 

 

Counsel for the Parties:-

For the Complainant                                  Shri S.P. Rai, Adv. & Associates.

For the Opp. Party                                   Shri N. Biswal, Adv. & Associates.

 

Date of Order: 12.07.2016

 

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.5,50,000/- only from the O.P. and purchased one truck bearing Regn. No.UP-66D-9927 by executing loan agreement Vide No. JHRSU0201090008 dtd.20.02.2012. The complainant had previously filed a Consumer Complaint Case(C.C) bearing No. 95 of 2013 before this Hon’ble Forum which was decided on dtd.25.02.2015.  In order to comply the said order the complainant wanted to know the entire amount due against loan taken and found some discrepancy in the account statement maintained by O.P and issued a letter dtd. 30.04.2015 but till date the information as required by the complainant is supplied by the O.P.  The complainant has paid more than Rs. 4,00,000/- only upto dated 30.05.2015 and ready to pay the installments to O.P but instead of giving any details of payment the O.P demanding Rs.10,00,000/- only while the actual amount of dues is Rs.3,00,000/- only for which the complainant files 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 also submitted that a C.C.Case bearing No. 95 of 2013 was filed before this Hon’ble Forum  which was ordered infavour of the O.P finding no any deficiency in service . The complainant in order to harass the O.P has filed another C.C. case for the same set of allegation.  The complainant has obtained loan of Rs.5,50,000/- only for purchasing of truck vide loan agreement Vide No. JHRSUO201090008 dtd.20.02.2012 and also obtained working capital loan of Rs. 1,00,000/- only vide loan agreement No. JHRSUO301280010 dtd. 28.01.2013. Till the date of 19.07.2015 the complainant was to pay Rs.10,67,795/- only and denying all the allegations imposed by the complainant, the O.P has prayed for dismissal of the case.

Heard and perused the case record along with materials available. The complainant was financed a truck bearing Regn. No. UP-66D-9927 by the O.P for an amount of Rs.6,50,000/- only by executing two loan agreements vide dtd. 09.01.2012 and 28.01.2013  respectively.  A C.C.Case was filed bearing No. 95 of 2013 for the same vehicle and on the same matter which was decided on dtd. 25.02.2015 infavour of the O.P.  The complainant filed this case alleging that the O.P has not supplied the details of calculations so that he will pay the entire dues where the O.P is submitting that he has supplied the account statement with proper calculations to the complainant and also filed a statement of accounts dtd. 07.03.2015. The said statement of accounts shows the total dues of Rs.10,67,795.18P till the same date.  But failed to file the copy of loan agreement which has been mentioned as annexure-3 of the written version.

The said vehicle is in the possession of the complainant and as per the statement of account the complainant is paying the monthly installments time to time ( not regularly ).  It reveals that the complainant is interested to clear the dues.  

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 amounts regularly from the complainant.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 12^th day of July’ 2016 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.