Karnataka

Bangalore 2nd Additional

CC/2235/2009

Sri B.M. Nagaraj S/o late Mallanna - Complainant(s)

Versus

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

T.R. Jayakeerthi

26 Jun 2010

ORDER


IInd ADDL. DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BANGALORE URBAN
No.1/7, Swathi Complex, 4th Floor, Seshadripuram, Bangalore-560 020
consumer case(CC) No. CC/2235/2009

Sri B.M. Nagaraj S/o late Mallanna
...........Appellant(s)

Vs.

The Manager, Shriram Transport Finance Co., Ltd.,
...........Respondent(s)


BEFORE:


Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

Date of Filing:17.09.2009 Date of Order: 26.06.2010 2 BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20 Dated: 26TH DAY OF JUNE 2010 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: 2235 OF 2009 B.M. Nagaraj S/o. Late Mallanna R/at No. 361, Bettahalasur Bangalore North Taluk Bangalore 562 15 Complainant V/S The Manager Shriram Transport Finance Co. Ltd. No. 39/30/16, Above Arya’s Bakery Bellary Main Road, Ganganagar Bangalore 560 032 Opposite Party ORDER By the President Sri S.S. Nagarale This is a complaint filed under section 12 of the Consumer Protection Act seeking direction to the opposite party to furnish detailed statement of account necessitating the complainant to settle loan account. The case of the complainant is that he has availed loan of Rs. 2,50,000/- from the opposite party under H.P. loan on vehicle. He was regular in making payments towards loan amount. With intention to clear entire outstanding amount complainant wrote a letter seeking detailed account of outstanding loan amount to be paid. Complainant got issued legal notice calling upon the opposite parties to furnish a detailed statement of account from the date of availing loan till the recent date in respect of HP loan and personal loan. Opposite party did not prefer to give any reply. Hence, the complaint. 2. The opposite party filed defence version stating that opposite party infact had furnished the account statement. Therefore, there is no deficiency of service on the part of opposite party. 3. Affidavit evidences are filed. 4. Arguments are heard. 5. The learned advocate for the complainant submitted that the opposite party shall be directed to furnish detailed statement of account right from taking loan up to date so that the complainant will be able to examine the said account statement and pay the loan as per law. The vehicle which was in the custody of complainant, the complainant sought interim order against opposite party not to seize the vehicle. Therefore, order on IA 1 was passed directing opposite party not to seize the vehicle. The interim order is still in force. So under these circumstances the learned advocate submitted that the complainant is not denying his liability to pay the amount. But it should be as per the agreement of loan documents. The learned advocate for the complainant submitted that the complainant has already repaid major portion of the loan amount and whatever the legal and admissible balance is there the complainant is ready to pay the amount and requested the forum to direct the opposite party to furnish him a detailed statement of account right from sanction of loan up to date of furnishing account statement. If this direction is given to the opposite party no harm or injustice or prejudice will cause to the opposite party. The complainant’s prayer is also limited one. He has prayed only a direction to opposite party to furnish a detailed statement of account so as to settle the loan account. Therefore, it is just, fair and reasonable to allow the complaint and pass the following order. ORDER 6. The complaint is allowed. The opposite party is directed to furnish a detailed statement of account in respect of loan accounts of complainant within 30 days from the date of this order. Parties to bear their own costs. 7. Send the copy of this Order to both the parties free of costs immediately. 8. Pronounced in the Open Forum on this 26TH DAY OF JUNE 2010. Order accordingly, PRESIDENT We concur the above findings. MEMBER MEMBER