Date of Filing       : 26.09.2018

                                                                                                                                 Date of Disposal:  09.08.2019

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

THIRUVALLUR

PRESENT: THIRU.   J. JUSTIN DAVID., M.A., M.L.,                             .…. PRESIDENT

                   TMT.      K.PRAMEELA. M.Com.,                                        …..MEMBER-I

                   THIRU:  D.BABU VARADHARAJAN., B.Sc., B.L.,              ….MEMBER-II

CC.No.46/2018

THIS FRIDAY THE 9^th    DAY OF AUGUST 2019

A.Velu,

S/o.Mr.Adhikesavan,

No.166, Periyar Street,

Senthil Nagar,

Thirumullavoyal,

Chennai - 600 062.                                                                         …… Complainant.

                                                                   //Vs//

1.M/s.Marudhar Finance,

   Rep.by its Proprietor, Mr.Doulath Raj Dilip Jain,

   No.33/B, Thiruvalluvar Street,

   Chinnasekkadu Manali,

   Chennai - 600 068.

2.Doulath Raj Dilip Jain,

   No.33/B, Thiruvalluvar Street,

   Chinnasekkadu Manali,

   Chennai - 600 068.                                                                         ……...Opposite parties.

This complaint is coming upon before us finally on 25.07.2019 in the presence of Complainant who is appeared in person and Mr.D.Sanju Jebakumar, Counsel for the opposite parties and having perused the both side documents and evidences, this Forum delivered the following:

ORDER

PRONOUNCED BY THIRU. J.JUSTIN DAVID, PRESIDENT.

This complaint is filed by the complainant U/S -12 of Consumer protection Act-1986 against the opposite parties for a direction to return the original Registration certificate book bearing Registration No.TN-13-C-3193 and to pay a sum of Rs.1,00,000/-towards compensation for mental agony and inconvenience caused to the complainant due to the deficiency in service on the part of the opposite parties and cost.

2. Brief averment in the complaint filed by the complainant is as follows:-

The complainant is working as a computer service mechanic.  In the year 2015 the complainant purchased a Royal Enfield Motor Cycle bearing Registration No.TN-13-C-3193, Engine No.U3SGC0FF798453, Chassis No.ME3U3S5CoFF798453 and using the said motor cycle since 2015.  The 1^st opposite party represented by the 2^nd opposite party are doing money lending business in the name and style of M/s.Marudhar Finance and also doing finance business by pledging vehicles and vehicle documents such as registration certificate as a security.  In the month of July 2016, the complainant’s mother was critically sick, hospitalized and had to undergone eye surgery.  Hence, the complainant was in urgent need of money with no other option had approached the opposite parties and asked a loan to the tune of Rs.50,000/-.  The opposite parties have also agreed to pay a sum of Rs.50,000/- to the complainant as hand loan.  However, the opposite parties insisted the complainant to pledge his motor cycle’s original registration certificate.  The complainant has agreed for the same and the said hand loan tenure was fixed as 19 monthly installments of Rs.2960/-.  On 25.07.2016 the opposite parties gave only a sum of Rs.40,000/- to the complainant as hand loan, instead of Rs.50,000/- saying that the opposite parties have deducted document charges, stamp charges, renewal of NOC, etc.  Since the complainant was in urgent need of money to treat her mother’s eye surgery, the complainant had no other option except to accept the opposite parties terms and conditions and had received a sum of Rs.40,000/-.  The complainant has paid the 1^st installment a sum of Rs.2960/- by cash on 25.07.2016 to the opposite parties at their office and the same has been entered by the opposite parties in the installment book register.  In discharge of the said 18 monthly installments, the complainant has given 18 cheques drawn on Vijaya Bank, Thiruvallur Branch, in favour of the 1^st opposite party.  Each of such cheques were deposited by the opposite parties every months encashed by the opposite parties without any default.  On 30.01.2018 the opposite parties have encashed the complainant’s 18 cheques and the said loan was terminated as the complainant had paid all the dues of the opposite parties. 19 installments amount have been paid by the complainant to the opposite parties without any arrears.  On 30.01.2018, when the complainant approached the opposite parties to get his Motor Cycle’s Original registration certificate, the opposite parties have refused to give the original RC Book, stating that the complainant has not paid 6 installments out of 19 installments and demanded the complainant to pay the said 6 installments amounts to complete the loan.  The complainant was shock and surprised to hear the opposite parties illegal demand to pay 6 installment amounts and showed the opposite parties records of payments made through 18 cheques and cash, however the opposite parties had never listened to the complainant’s plea and their only intention is to somehow snatch money from the complainant and stated that they did not received the last 6 installments amounts.  The complainant could not able to enter the above said 19 payments made by way of cheques and cash in the loan installment register book.  Taking advantage of the same, the opposite parties are trying to cheat the complainant by demanding to pay 6 installments stating that the loan amount has not been paid by the complainant. The complainant has his bank statement of accounts wherein the transactions of enchased cheques reflected in the name of the 1^st opposite party are substantiated and everything is in record.  However with a dishonest intent to defraud the complainant, the opposite parties refused to return the original RC Book by demanding more money and therefore caused untold mental agony and sufferings to the complainant and also caused financial loss.  Therefore the complainant is entitled to be compensated for the mental agony and financial loss and loss of invaluable time caused to the complainant by the opposite parties and therefore the complainant sent a notice dated 23.02.2018 to the opposite parties calling upon the opposite parties to return the original RC Book.  But the opposite parties received the notice on 28.02.2018 did not comply with the demand made in the notice nor sent any reply.  Hence this complaint.

3. The brief contention of written version of the opposite parties is as follows:-

The 1^st opposite party is the company and 2^nd opposite party is the proprietor of the company.  The opposite parties are doing money lending business in the name and style of M/s. Marudhar Finance.  The complainant approached the opposite parties and pledged his motor cycle bearing registration No.TN-13-C-3193 and received Rs.50,000/- and signed the agreement agreed the terms and conditions mentioned in the installments for the payment calculated for loan amount Rs.50,000/- and interest for 24 months 21,000/- totally 71,000/-. After detecting 1^st installment of Rs.2960/-, registration charges Rs.2500/- and Agreement charges Rs.5460/- out of loan amount of Rs.50,000/- balance amount of Rs.44,540/-was paid to the complainant by the opposite parties.  The complainant gave 18 cheques (Vijaya Bank) Thiruvallur Branch and he said he would give balance 6 cheques within one month and believing his words the opposite parties paid the loan amount to him. The opposite parties reminded the complainant for balance payments of six installments but the complainant came along with four rowdies and threatened the opposite parties to give the R.C. Book, when refused to give, the complainant went back and issued a notice on 23.02.2018.  When the opposite parties were about to issue reply for the same, the complainant again negotiated with him for settlement.  Without any payment the complainant wanted to receive the R.C. Book but the opposite party was ready to reduce the due amount for amicable settlement.  In the mean time the complainant filed this complaint before this forum.

 4. In order to prove the case, on the side of the complainant, the proof affidavit submitted as their evidence and Ex.A1 to Ex.A4 were marked.  While so, on the side of the opposite parties, the proof affidavit submitted as their evidence and Ex.B1 and Ex. B2 were filed and written argument filed and adduced oral argument on the side of the complainant but the opposite parties written argument has not filed and also oral argument also not adduced.

5. At this juncture, the point for consideration before this forum is:-

(1)Whether there is any deficiency in service on the part of the opposite parties?

(2) Whether the opposite parties are liable to return the original R.C. Book of the complainant’s vehicle bearing Registration No.TN-13-C-3193 to the complainant?

(3) Whether the complainant is entitled for compensation and cost from the opposite parties?

 (4) To what other reliefs, the complainant is entitled?

6. Point No.1to 3:-

The 1^st opposite party is the finance company and the 2^nd opposite party is the owner of the finance company.  The opposite parties are doing money lending business in the name and style of M/S.MARUDHAR FINANCE.  The complainant is the owner of the Royal Enfield Motor Cycle bearing Registration No.TN-13-C-3193.  The complainant approached the above said finance company in the year 2016 and asked loan of Rs.50,000/- for his mother’s eye surgery.  The opposite party agreed to pay the loan by pledging the original R.C. Book of the complainant Motor cycle.  Ex. A1 is the copy of Registration certificate of Motor Cycle bearing Registration No.TN-13-C-3193.  It is admitted by both the parties that the complainant entered into an agreement with the opposite parties on 25.07.2016 for obtaining loan of Rs.50,000/- by pledging the original R.C. Book of the Motor cycle bearing Registration No.TN-13-C-3193.

7. The complainant alleged that the opposite parties agreed to pay a sum of Rs.50,000/-as hand loan, but the opposite parties paid only Rs.40,000/- to the complainant instead of Rs.50,000/-.  Further the complainant alleged that the complainant has to pay the loan amount of Rs.50,000/- with interest totally 56,240/-within 19 months at the rate of 2960/- per month.  On the other hand the opposite parties contended that the opposite parties agreed to pay Rs.50,000/- as hand loan and paid Rs.44,540/- after deducting first installment of Rs.2960/-, Registration charges of Rs.2500/-and Agreement Charges of Rs.5460/- and paid the balance amount of Rs.44,540/- to the complainant on 25.07.2016.  The opposite parties further contended that as per the agreement, the complainant has to repay the loan amount with interest at the rate of 2960/- per month for 24 months.  But the complainant issued 18 cheques instead of 24 installments and the complainant assured to give balance six cheques within one month. But the complainant has not given balance six cheques and therefore the complainant is liable to pay the balance six installments.

8. In this complaint, this forum has to find out whether the complainant is agreed to pay the loan amount by 24 installments at the rate of 2960/- per months or 19 installments at the rate of 2960/- per month.   On perusal of the documents filed on the side of the complainant this forum finds that the complainant agreed to pay the loan amount within 18 months at the rate of 2960/- per month.  Ex.A2 is the copy of loan book issued by the opposite parties in which it is stated that the agreement dated 25.07.2016, repayable by 18 months at the rate of 2960/- per months.  Further the complainant issued 18 post dated cheques in favour of the opposite parties on the date of execution of the agreement.  The opposite parties also admitted the issuance of 18 cheques by the complainant.  If really the repayment of loan period is 24 months then the opposite parties might have received 24 post dated cheques from the complainant.  On the other hand, the opposite parties received 18 cheques from the complainant.  Further the opposite parties received 1^st installment on 25.07.2016 by cash from the complainant and therefore the opposite parties contention that the period of repayment of loan is 24 months installments cannot be accepted. Ex.A3 is the copy of statement of account issued by the Vijaya Bank, Thiruvallur Branch.  The complainant is having account at Vijaya Bank, Thiruvallur Branch and the statement of account shows that the opposite parties have deposited all the 18 post dated cheques issued by the complainant in favour of the 1^st opposite party every month and encashed the same.  Therefore the complainant has paid all the 19 monthly installments regularly there is no default on the side of the complainant by paying monthly installments and the complainant also paid the entire amount with interest within the stipulated time as per the agreement.  But the opposite parties failed to return the original R.C. book of the complainant’s vehicle and therefore the complainant issued a legal notice to the opposite parties on 23.02.2018 and the same was accepted by the opposite parties in their written version.  Even after receipt of the legal notice the opposite parties neither sent any reply nor return the original R.C. book of the complainant’s vehicle to the complainant and therefore the complainant filed this present consumer complaint before this forum.

9. The opposite parties filed two documents.  Ex.B1 is the copy of loan agreement and Ex.B2 is the copy of loan payment card.  These documents might have been created for the purpose of this complaint. The complainant already filed Ex.A2 loan pass book issued by the opposite parties, in which it is clearly written that the installments periods are 18 months. Further Ex.B2 is the loan payment card in which there is not mentioning about the loan amount and period of repayment and therefore the above contention of the opposite parties that the complainant agreed to pay the loan amount with interest at the rate of 2960/- per month for the period of 24 months cannot be acceptable.

10. The opposite parties without any proof demanded six months installments from the complainant and for which the opposite parties are liable to compensate for the same to the complainant. The complainant agreed to pay the loan amount with interest at the rate of 2960/- per month in 19 installments and he paid entire loan amount without any default and therefore it is the duty of the opposite parties to return the original R.C. Book to the complainant.  But the opposite parties are failed their duty and thereby committed deficiency in service and the same caused mental agony to the complainant.  Under these circumstances there is deficiency in service on the part of the opposite parties, the opposite parties are liable to return the original R.C. book of the vehicle bearing Registration No.TN-13-C-3193 to the complainant. Further the complainant is entitled for compensation and cost from the opposite parties.

11.Point No.4:-

In the result, this complaint is allowed in part.  Accordingly, the 1^st and 2^nd opposite parties are jointly and severally directed to return the original REGISTRATION CERTIFICATE book of the two wheeler bearing registration No.TN-13-C-3193 to the complainant within two months from the date of receipt of the copy of this order. Further the 1^st and 2^nd opposite parties are jointly and severally directed to pay a sum of Rs.20,000/- (Rupees twenty thousand only) towards compensation for causing mental agony and financial loss due to the deficiency in service on the part of the opposite parties and also to pay a sum of Rs.10,000/- (Rupees ten thousand only) towards cost of litigation to the complainant.

The above said amount shall be  payable by the 1^st and 2^nd opposite parties  within two months from the date of receipt of the copy of this order failing which, this said amount shall carry interest at the rate of 9.% per annum till the date of payment.

Dictated by the president to the steno-typist, transcribed and computerized by him, corrected by the president and pronounced by us in the open forum of this 09^th August 2019.

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MEMBER-II                                     MEMBER-I                                           PRESIDENT

List of documents filed by the complainant:-

List of documents filed by the opposite parties:-

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MEMBER-II                                     MEMBER-I                                           PRESIDENT