DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 01 OF 2015

Md. Iqbal,

S/O- Md. Ali,

RO: Gandhi Chowk, PO: Gandghora, 

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

Versus

1. Branch Manager,

Shriram Transport Finance Co. Ltd.

2^nd floor, Panigrahi Complex,

Beheramal ,Jharsuguda,

PS/ Dist: Jharsuguda, Odisha.

2. Shriram Transport Finance Co. Ltd.,

3^rd floor, Mookamvika Complex No. 04,

Lady Disika Road, Mylapoor,Chenai- 600 004….….…..….…...Opp. Parties.

Counsel for the Parties:-

For the Complainant                                  Shri B.K.Behera, Adv.

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

Date of Order: 11.07.2016

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.11,17,797/- only from the O.Ps. and purchased one truck bearing Regn. No.OR-16C-1581 with agreement validity from 12.02.2008 to 15.09.2012.  Due to having transport problem with financial hardship and the vehicle met with an accident the complainant requested the O.ps. to reschedule the balance amount of Rs.3,05,411/- only after expiry of one year of the agreement.  But the O.Ps. fails to do so and threaten to seize the vehicle without supplying any statement of accounts, 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.  Till the date of 27.11.2014 the complainant was to pay Rs.14,96,194.87P only. The O.P further submitted that after taking interim order the complainant has not paid any amount towards his dues and with 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.OR-16C-1581 by the O.Ps for an amount of Rs.11,17,797/- only which was to be refunded in 55 numbers of monthly installments started from 15.03.2008 till the end of 15.09.2012.  As per the statement of accounts issued by O.Ps. dtd. 27.11.2014 the complainant has paid Rs.12,66,400/- out of total outstanding dues of Rs.27,62,594.87P and the balance amount of Rs.14,96,194.87P only is still dues over the complainant to pay to the O.P.

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 11^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.