Orissa

Jharsuguda

CC/96/2017

Gangananda Bhaisa S/O- Sitaram Bhaisa - Complainant(s)

Versus

Sri Ram Transport Finince LTD. - Opp.Party(s)

A.K. Mohanty

15 Jan 2018

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 96 OF 2017

 

Gagananda Bhaisa(26 yrs.),

S/O- Sitaram Bhaisa,

R/O: Bandhabahal, PS: Banharpali,

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

                                                 

Versus

 

Shriram Transport Finance Ltd.,

AT- Beheramal, PO: Industrial Estate,

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

 

 

Counsel for the Parties:-

For the Complainant                                       A.K.Mohanty, Adv. & Associates.

For the Opp. Party                                          P.K.Mali, Adv. & Associates.

 

Date of Order: 15.01.2018

 

Present

                                            1. Shri Sundarlal Behera, President.

                                            2. Shri Santosh Kumar Ojha, Member.

                                            3. Smt. Anamika Nanda, Member (W).

 

Shri S. L. Behera, President: - The brief facts of the complainant’s case is that, the complainant avail loan of Rs.3,70,000/- only plus interest from the O.P. and purchased one vehicle Tata LPT 2515 TC/48 bearing Regn. No.OR-14-P-1263 which was to be returned with interest started from 29.07.2016 in monthly installments. The complainant has paid Rs.2,59,223/- only and could not paid some of the installments in time and requested six months time to clear the outstanding dues but the O.P has seized the vehicle, hence this case.

The O.P. appeared after being noticed and filed written version. The O.P submitted that the complainant has taken loan of Rs.3,70,000/- only vide loan agreement No. JHRSU0607280002 dt.29.07.2016.  Due to non-payment of regular EMIs. the O.P has seize the vehicle on 12.08.2017 .  Upto dated 07.10.2017 the complainant has outstanding dues of Rs.2,98,910/- only and denied all the allegation made by the complainant with prayed for dismissal of the case.

Heard from the complainant and gone through the case record. The complainant has taken loan of Rs.3,70,000/- from the O.P which was to be refunded in monthly installments started from 29.07.2016 to 05.03.2019.  On dtd. 07.10.2017 the complainant has outstanding dues of Rs.2,98,910/- only.  The O.P has seized the vehicle on non-payment of the regular installments on serving of prior notice dtd.16.08.2017.  As the complainant is agreed to clear all the dues within the agreement period and not paid some of the installments in time but at the same time the O.P is also entitled to get his loan amount.

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 to the complainant and handover the vehicle bearing Regn.No. OR14P-1263 in favour of the complainant after receiving the legitimate outstanding dues amount from the complainant.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 15^th day of January’ 2018. Free  copy of order shall be supplied to the parties as per rule. 

 

          I Agree.                       I Agree                                                                                                            

                                         

Anamika Nanda Member (W)        S.K.Ojha, Member            S. L. Behera, President                 

Dictated and corrected by me

 

      S. L. Behera, President.