BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
KADAPA Y.S.R DISTRICT
PRESENT SMT. K. SIREESHA, B.L., PRESIDENT FAC
SRI M.V.R. SHARMA, MEMBER.
Saturday, 22nd March 2014
CONSUMER COMPLAINT No. 18/ 2013
Dandu Rama Mohan, S/o Obulesu, Hindu,
aged 28 years, D.No. 14/647-2, East Gandluru Colony,
Kamalapuram Post and Mandal, Kadapa District. ….. Complainant.
Vs.
1. The Proprietor, Shabul Auto Motives,
D.No. 15/551-7, Opp. Saraswathi College,
K.Appayapalli, Kamalapuram Post and Madal, Kadapa District.
2. The Manager, Shriram City Union Finance,
Branch Office, D.No. 19/102, S.V.K. complex,
Madras Road, Kadapa City. ….. Opposite parties.
This complaint is coming before us for final hearing on 20-3-2014 and perusing complaint and other material papers on record and on hearing the arguments of Sri T. Mallikarjuna, Advocate for complainant and Sri P. Jagadeswara Reddy, Advocate for O.P.2 and O.P. 1 called absent and set exparte on 03-7-2013 and the matter is having stood over for consideration this day, the Forum made the following:-
O R D E R
(Per Sri M.V.R. Sharma, Member),
1. This Complaint is filed under section 12 of the C.P. Act 1986 seeking direction from the Opposite parties :-
(a) To return 11 (eleven signed blank cheqaue leaves of IndusInd Bank, Kadapa.
(b) To pay a sum of Rs. 50,000/- for loss of earning daily coolly work as a mason.
(c) Grant costs of Rs. 3,000/- and grant such other reliefs.
2. The brief facts the complaint is as follows:- The complainant stated that he approached the O.P. 1 for purchasing of TVS XL Super two wheeler moped from O.P. 1. At the time of purchasing two wheeler moped, the complainant availing finance from O.P.2. However, the O.P.2 and the complainant to agreeing finance is providing for purchasing of the moped. Afterwards, the complainant has been paid down payment of Rs. 15,000/- to the O.P.2 in the year May 2011 to purchasing the TVS XL Super, Colour Metal green. The complainant purchased the said two wheeler moped with finance provided by the Shriram city Union Finance, kadapa and the finance amount is to be repaid by way of monthly for Rs. 1,540 X 18 installments. But the O.P. 1 delivered two wheeler moped to the complainant and issued registration certificate of the moped bearing No. AP 04 AG 8600, dt. 29-6-2011.
3. The complainant further stated that at the time of purchasing two wheeler moped from O.P. 2. The complainant issued singed blank 18 cheques leaves of IndusInd Bank, Kadapa to the O.P. 2. The O.P. 2 is showing 1st installment due dated 7-7-2011 and last due date 7-12-2012. But the complainant is deposited into the account No. 0126A2047001, IndusInd Bank, Kadapa to the categorically for Rs. 1,550/- on 8-6-2011, Rs. 1,540/- on 6-7-2011, Rs. 15,40/- on 2-8-2011, Rs. 1,600/- on 2-9-2011, Rs. 1,500/- on 4-11-2011 and Rs. 3,000/- on 5-2-2012 total amount of Rs. 10,730/-. So the complainant paid total amount of Rs. 15,000/- and installment amount of Rs. 10,730/- totaling of Rs. 25,730/- to O.P.2.
4. The complainant further stated that his due balance only an amount of Rs. 17,000/- to O.P.2. Due to personal problems and ill health of the complainant, he is bedridden in his house. So he is unable to pay the remaining installments to O.p.2. Later on O.P. 2 to repay the balance amount of Rs. 17,000/- and clear the total amount with a 3 months. But O.P.2 are deaf hearing of the complainant words and forcibly fake away the moped. Afterwards, the complainant is enquired the about his TVS XL two wheeler moped. Recently, the month of February 2013 the O.P. was sold the moped without any notice given to the complainant.
5. The complainant further stated that O.P. 2 is not returned 11 signed blank cheques to the complainant. So many times the complainant coming from Kamalapuram to the O.P. 2 office, Kadapa to ask his 11 signed blank cheques but in vain. The complainant is working as Mason at Kamalapuram Mandal and getting a coolly by Mason for Rs. 500/- per day. Due to the harassment of O.P.2 the complainant suffered a lot in mentally, physically and financially. The O.P. 2 is causing mental agony, physically strain and financially loss of daily coolie work as a Mason to the complainant and damaged reputation in his relatives. Hence, this complaint.
6. After numbering the case notices were issued to the O.P. 1 & O.P. 2 and the same is served. O.P.2 filed counter and O.P.1 did not appear before the Hon’ble forum. Hence, they set exparte on 3-7-2013.
7. O.P.2 filed a counter denying all the allegations made by the complainant. The allegations in para – 1 of the complaint is true and correct. The allegations in para 2 of the complaint is false. The complainant paid only 6 installments regularly after entering into the agreement and he was default in one month and again he paid two installments regularly. After that he committed default in five installments when the company people asked the complainant to pay the same, otherwise the O.P. 2 will seize the vehicle the complainant said his inability and to seize the vehicle. Accordingly in the presence of complaint the vehicle was seized on 19-7-2012 and it was kept in the O.P. 2 godwon. The complainant further requested time to clear the arrears and the O.P.2 with a period of 10 days. Anyhow the O.P.2 waited upto 17-8-2012 and vehicle was auctioned on 25-8-2012 and amount was collected on 01-9-2012. The vehicle was sold for a sum of Rs. 19,000/- on the date of seizure, the opposite party was due an arrears for amount of Rs. 8,619/- and the complainant has to pay further five installments for (Rs. 7,700/- = Rs. 8,619/- = Rs. 16,319/-) total amount of Rs. 16,319/-. After wards the complainant approached the Manager in the month of October and the O.P. 2 side there is a balance of Rs. 3,27/- and to take away the balance amount same after brining the bank account book and he went away and he never approached O.P. 2. The complainant said that he came after and received the same. In these circumstances, the O.P. 2 could not pay the amount to the complainant.
8. With a malafide intention after lapse of time the present complaint is filed on 7-3-2012. In one way he said that he is coolly work and another way he says that he will earn Rs. 500/- per day. The complainant himself admitted that he himself is a defaulter the question of deficiency of service does not arise. The allegation in para – 3 & 4 is totally false. The return of cheques does not arise the cheques were already lapsed and there are no transactions between the complainant and O.P. 2 only transactions there are no other transaction to award the compensation to the complainant does not arise. There is no cause of action for the complaint. The O.P.2 is ready to pay the balance amount of Rs. 3,027/- to the complainant and already the O.P. 2 informed when he visited the company office. Therefore prayed that the Hon’ble forum may be pleased to dismiss the complaint with costs.
9. The O.P.2 filed additional counter that the sale amount clearly not mentioned and not filed any document in the previous counter filed by O.P.2. The details are shown below.
The total vehicle sold amount : Rs. 20,000/-
Less Seizing charges : Rs. 1,000/-
Total amount : Rs. 19,000/-
As per account ledger the balance amount of Rs. 3,019/- to payable to the party. Memo filed by O.P.2 stating that the O.P.2 company searched cheques but not traced, so the O.p.2 company does not claim any cheques to the complaint in future also, the O.P.2 will be given undertaking to the complainant.
10. To prove his case the complainant filed affidavit along with documents got marked Ex. A1 to A4. To disprove the case O.P.2 filed documents got marked Ex. B1 to B5.
11. On the basis of the above pleadings the following points are settled for determination.
- Whether the complainant is eligible for compensation as prayed by him?
- Whether there is negligence or deficiency of service on the part of their opposite parties?
- To what relief?
12. Point Nos. 1 & 2. The complainant purchased TVS XL Super two wheeler moped from O.P.1. It is showing Ex. A1, bearing vehicle No. AP 04 AG : 8600, dt. 29-6-2011. Ex. A2 Address proof of the aadar card of the complainant. After that the complainant obtained finance from O.P.2. It shows Ex. B2 Original loan cum Hypothecation agreement. The finance amount is to be repaid by way of monthly for Rs. 1,540 X 18 installments. The complainant issued 18 blank cheque leaves of IndusInd Bank, Kadapa to O.P. 2. The O.P. 2 is showing 1st installment due dated 7-7-2011 and last due date 7-12-2012. But the complainant is deposited into the account No. 0126A2047001, IndusInd Bank, Kadapa to the categorically for Rs. 1,550/- on 8-6-2011, Rs. 1,540/- on 6-7-2011, Rs. 15,40/- on 2-8-2011, Rs. 1,600/- on 2-9-2011, Rs. 1,500/- on 4-11-2011 and Rs. 3,000/- on 5-2-2012 total amount of Rs. 10,730/-. Ex. A3 shows that six deposited slips paid by the complainant. Ex. A4 Original policy copy of the vehicle. After that due balance only an amount of Rs. 17,000/- due to personal problems of the complainant, he is bedridden so he is unable to pay the remaining installments amount to O.P.2. Later on O.P. 2 approached the complainant at Kamalapuram and issued seizure letter i.e Ex. B2 and take away the vehicle. After that the complainant requested O.P2 to repay the balance amount of Rs. 17,000/-. Ex. B5 shows statement of account copy of complaint issued by the O.P.2 Company. The O.P.2 given time for 10 days to repay the due amount. But the complainant not paid due amount. After that the vehicle was auctioned on 25-8-2012. As seen from Ex. B3 shows that auction of the vehicle, in that auction Riyaz Ahmad, Kadapa who purchased the vehicle for Rs. 20,000/-. After that sale receipt of Ex. B4 Riyaz Ahamed paid Rs. 20,000/- and transferred the vehicle on his name. The O.P.2 collected Rs. 1,000/- seizure charges and remaining balance of Rs. 19,000/-. The complainant has to pay further installments of (Rs. 7,700/- = Rs. 8,619/- = Rs. 16,319/-) remaining due balance of Rs. 3,027/-. The O.P.2 intimated the complainant to collect Rs. 3,027/-. But the complainant never approached O.P.2. After that learned counsel of the O.P.2 filed memo stating that the cheques not traced. It is not acceptable. As the above averments we are opined that the O.P.2 Company sold the vehicle but not returned remaining amount of Rs. 3,027/- to the complainant and 11 IndusInd Bank cheques issued by the complainant. The O.P.2 simply filed a memo the cheques was not traced. Complainant prayed in the complaint to return the 11 cheques issued by the complainant to the O.P.2 of IndusInd Bank, Kadapa. It shows irresponsibility and negligence of the opposite parties. Hence, the opposite parties are liable to pay compensation.
13. Point No. 3 In the result, the complaint is allowed, directing the O.P.2 to return the 11 (Eleven) signed blank cheque leaves of IndusInd Bank, Kadapa of the complainant, pay Rs. 3,027/- the balance amount of the vehicle to the complainant, pay Rs. 2,000/- towards mental agony, pay Rs. 2,000/- towards cost of the complaint, within 45 days date of receipt of the order.
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, this the 22nd March 014
MEMBER PRESIDENT FAC
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant NIL For Respondents : NIL
Exhibits marked for Complainant: -
Ex. A1 P/c of R.C. bearing No. AP 04 AG : 8600.
Ex. A2 P/c of Aadhar card No. 820658948019 of the complainant.
Ex. A3 Original six bundle of deposit slip in IndusInd Bank, Kadapa for installments of total Rs. 10,730/-.
Ex. A4 Original policy copy.
Exhibits marked for Opposite party No. 2. : -
Ex. B1 Original loan cum hypothecation agreement.
Ex. B2 Seizure letter issued by the respondent company dt. 19-7-2012.
Ex. B3 Filled auction form issued by the respondent company on 25-8-12.
Ex. B4 Original sale receipt for Rs. 20,000/- issued by 3rd party to the
Respondent company.
Ex. B5 Statement of account copy of complainant issued by the R2
company.
MEMBER PRESIDENT FAC
Copy to :-
- Sri T. Mallikarjuna, Advocate for complainant.
- Sri P. Jagadeswar Reddy, Advocate for O.P.2.
- The Proprietor, Shabul Auto Motives,
D.No. 15/551-7, Opp. Saraswathi College,
K.Appayapalli, Kamalapuram Post and Madal,
Kadapa District.
B.V.P. - - -
