Date of Filing : 21.07.2010
Date of Order : 03.06.2011
BEFORE THE II ADDITIONAL DISTRICT CONSUMER
DISPUTES REDRESSAL FORUM,
SESHADRIPURAM, BANGALORE – 560 020
Dated 3rd JUNE 2011
PRESENT
Sri. S.S. NAGARALE, B.A., LL.B. (SPL) …. President
Smt. D. LEELAVATHI, M.A., LL.B. …. Member
Sri. BALAKRISHNA V. MASALI, B.A., LL.B.(SPL) …. Member
COMPLAINT NO. 1681 / 2010
B.M. Nagaraj,
S/o. Late Mallanna,
Aged about 35 years,
R/at: #361, Bettahalasur,
Bangalore North Taluk,
Bangalore – 562 157.
(By Sri. T.R. Jayakeerthi & others, Adv.) ……. Complainant
V/s.
The Manager,
Shriram Transport Finance Co. Ltd.,
No. 39/30/16, Above Arya’s Bakery,
Bellary Main Road, Ganga Nagar,
Bangalore – 560 032.
(By Sri. M. Ashok Kumar, Adv.) …… Opposite Party
ORDER
(By the President Sri. S.S. Nagarale)
This Complaint is filed by the Complainant u/s. 12 of the Consumer Protection Act, 1986 seeking direction to the OP to furnish statement of accounts of his loan account necessitating the Complainant to settle the loan amount, further OP to return the vehicle which was seized. OP has appeared and contested the matter by filing defence version.
While admitting the Complaint, interim Order was passed directing the OP to hand over the seized vehicle to the custody of the Complainant on deposit of Rs.30,000/- by the Complainant. In view of the said interim order, Complainant had deposited Rs.30,000/- before the District Forum towards loan account. The OP had also accepted the amount and received the Cheque for Rs.30,000/- on 13.08.2010. The vehicle was given to the custody of the Complainant. The OP submitted that accounts statement had been given to the Complainant and the Complainant will have to pay the balance amount. The Learned Counsel for the Complainant also submitted that the Complainant is ready to pay the balance amount which is legal & admissible. The Complainant had earlier filed Complaint against the present OP for the relief that OP be directed to furnish statement of accounts. Earlier Complaint No. 2235/2009 filed by the Complainant had been allowed on 26.06.2010 and OP was directed to furnish statement of accounts in respect of loan account. Again Complainant has filed the present Complaint for the same relief. OP had complied the relief by furnishing statement of account. Secondly, the seized vehicle had also been given to the custody of the Complainant by interim order on payment of Rs.30,000/- by the Complainant towards loan account. Under these circumstances, there is no contentious issue between the parties. The matter has been settled by the interim order. Complainant has to go through account statement and go on paying the EMI as per the loan agreement. With this observation, Complaint requires to be disposed off. In the result, I proceed to pass the following:
ORDER
The Complaint is disposed off in terms of the above order. No order as to costs.
Send the copy of this Order to both the parties free of cost immediately.
Pronounced in the Open Forum on this 3rd June 2011.
Order accordingly
PRESIDENT
We concur the above findings
MEMBER MEMBER
SSS
