Orissa

Jharsuguda

CC/16/2015

Dilip Kumar Singh S/o-Ganga Singh - Complainant(s)

Versus

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

R.K.Pal

24 Aug 2015

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 16 OF 2015

 

Dilip Kumar Singh,

S/O- Sanjob,

PO: Lamtibahal, PS: Brajrajnagar,

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

     

                                           

Versus

 

Branch Manager,

SriRam Transport  Finance  Co. Ltd.,

Jharsuguda, Beheramal Road,

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

 

Counsel for the Parties:-

For the Complainant                                   Shri R.K. Pal, Adv. & Associates.

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

 

Date of Order: 24.08.2015

Present

 

                                                                                1. Shri S.L.Behera, President.

                                                                                2. Smt. A.Nanda, Member(W).

                                            

Shri S. L. Behera, President : - The brief facts of the case is that, the complainant has purchased one vehicle bearing Regn. No.OR-14K-2355 which has been refinanced by the O.P for an amount of Rs.4,75,000/- only which the complainant was liable to pay the loan amount with interest in 46 nos. of  installments for amount of Rs.15,550/- only per month started from dtd. 20.07.2013 to 20.04.2017. The complainant has paid more than Rs.2,25,000/- only as on dt.15.11.2014, but due to some unavoidable reasons he could not paid some of the installments in time but the O.P is demanding Rs.5,25,000/- only illegally excluding interest and other charges and threatening to seize the vehicle without supplying the correct statement of accounts, hence this case.

The O.P. appeared through his counsel after being noticed and submitted his written version wherein it has been stated that the complainant is a defaulter in making payments of installments. The O.P further submitted that the complainant has taken loan of Rs.4,75,000/- only under loan agreement No. JHRSUO 1072 3061 7000 1 and in addition to the said main loan he also availed 03 working capital loans, who had outstanding dues of Rs.2,62,706.43P only in total till 11.03.2015 and the full and final settlement amount upto 11.03.2015 is Rs.6,11,766.73P including future principal and dues of 02 working capital loans and with denying all the allegations imposed by the complainant, the O.P has prayed for dismissal of the case.

On perusal of the complaint petition and written version files by the parties and after heard from concerned counsels for the parties.  It is not disputed that the complainant has availed finance facilities to purchase a vehicle from the O.Ps wherein as per the agreement made between the parties the finance amount was to be repaid within a specified term as per the EMIs. fixed in the agreement.  In this complaint, the complainant claims to have paid the amount agreed by him regularly but the O.P. claim the complainant is a chronic defaulter who is having lacs of rupees outstanding, what appears to us, after going through the entire evidence on record, this a case relating to loan matter also dispute arises in accounting the amount in statement of the account and non-payment of installment dues along with OD charges by the complainant.

We do not considered to go into deep into the accounting procedure especially when dispute in account has been arose.

In view of the above discussion and observation the complaint petition is dismissed without any cost, with a liberty to the complainant to seek his redressal if any before the civil court having jurisdiction to entertain the same.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 24^th   day of August’ 2015 and copy of this order shall be supplied to the parties as per rule.

 

                                I Agree.                                                                                               

                                         

                         A.Nanda, Member (W)                                                         S. L. Behera President                         

                               Dictated and corrected by me

 

                                    S. L. Behera President