STATE CONSUMER DISPUTE REDRESSAL COMMISSION
BIHAR, PATNA
Appeal No. 143 of 2019
Branch Manager, Shriram Transport Finance Company Ltd. 1st Floor, Panchwati Complex, Near Nakku Asthan, Mohanpur Road, Samastipur- Pin Code- 848101
… Appellant
Versus
Arvind Kumar Choudhary, S/o- Sri Udan Chaudhary, Resident of Village- Mokhtiyarpur Salkhani, PO- Mokhtiyarpur, PS- Dalsingsarai, District- Samastipur
…. Respondent
Counsel for appellant: Adv. Anil Kumar
Counsel for respondent: Adv. Pritam Kumar & Adv. Raman Kumar Singh Thakur
Dated 07.02.2023
As per Sanjay Kumar, President.
O r d e r
Present appeal has been filed on behalf of Shriram Transport Finance Co. Ltd. for setting aside the order dated 06.03.2019 passed in Complaint case no. 62 of 2018 passed by Ld. District Consumer Forum, Samastipur whereby and whereunder the complaint case has been Ex parte- partly allowed.
Briefly stated the facts of the case is that complainant applied for vehicle loan and loan of Rs. 1,00,000/- was sanctioned with interest@13% per annum for which both the parties entered into an agreement dated 15.03.2016. The loan amount was to be repaid in 24 months.
Complainant purchased a commercial vehicle bearing registration no. BR-06-PA-3923, Tata Magic and same was insured by Shriram Insurance company on 19.03.2017 for which also loan was provided of Rs. 19,645,/- to be repaid in 12 monthly equal installment of Rs. 2,195/-.
The vehicle of complainant met an accident but the finance company did not provide insurance policy as such he had to pay a sum of Rs. 20,000/- in repair of the vehicle.
Complainant went to the finance company for payment of last installment and to get no dues certificate but last installment was not accepted by finance company rather complainant was told that the insurance of vehicle has been renewed and premium amount is to be paid by the complainant but inspite of demand of insurance policy it was not given to him as such he filed the consumer complaint case in District Consumer Forum, Samastipur.
The District Consumer Forum held that only Rs. 17,000/- remained to be paid to the finance company by complainant as monthly installment but same was not being accepted by the finance company on the pretext that more dues are payable but finance company neither disclosed the amount of remaining dues nor gave the copy of renewal of insurance policy to the complainant. Complainant had to incur a cost of Rs. 20,000/- in repair of the vehicle and as such finance company was required to pay Rs. 3,000/- to complainant after deducting Rs. 17,000/- as loan due from Rs. 20,000/- the cost of repair and further directed to issue no dues certificate to the complainant within 45 days from the date of order failing which interest @10% shall become payable.
Appellants did not appear before the District Consumer Forum even after valid service of notice nor have taken any plea in this appeal that since vehicle was purchased for commercial purpose, the complainant does not come under the definition of consumer and as such, complaint case was not maintainable. Complainant has also not stated in his complaint petition that he had purchased the vehicle on loan for earning his livelihood, as such no finding can be given with respect to maintainability of complaint case before District Consumer Forum.
The appellant-finance company in paragraph-8 of memo of appeal has admitted that out of dues of Rs. 1,21,534/- complainant has paid Rs. 1,13,370/- and outstanding dues remains Rs. 8,164/- as such the finding recorded by the District Consumer Forum can not be faulted that there was deficiency in service of Finance company (appellant).
In said view of the matter this court does not find any error or infirmity in the order passed by the District Consumer Forum, Samastipur.
Accordingly, appeal is dismissed.
(Ram Prawesh Das) (Sanjay Kumar,J)
Member President
Md. Fariduzzama
