Tamil Nadu

South Chennai

61/2009

S.Alexander - Complainant(s)

Versus

1.M/s.Centurion Bank of Punjab Ltd.& others - Opp.Party(s)

S.Subramania raja

04 Oct 2017

ORDER

                                                                        Date of Filing :   19.01.2009

                                                                        Date of Order :   04.10.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

C.C.NO.61/2009

WEDNESDAY THIS  4^TH DAY OF OCTOBER 2017

S. Alexander,

S/o. Subramaniam,

NO.17/135 V.G.P. Nagar,

Mogapair,

Chennai – 37.                                                .. Complainant

                                        ..Vs..

 

1. M/s. Centurion Bank Of Punjab Ltd.,

Raja Annamalai Building,

NO.72, Marshals Road,

Chennai-8.

 

2. M/s. HDFC Bank Ltd.,

Customer Care Division at CBOP – Chennai.

Retail Asset Division, No.56, G.N.Chetty Road,

T.Nagar, Chennai -17.

 

3. The Regional Transport Officer,

Office of the Asst. Registering Authority,

Chennai (North West),

Chennai – 102.                                         .. Opposite parties.

 

Counsel for Complainant            :   M/s. Subramania Raja        

Counsel for opposite parties       :   M/s. Mohanraj Associates.   

ORDER

THIRU. M. MONY, PRESIDENT

This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act 1986 seeking direction to return back the complainant’s Bike of Libero LXand also to pay a sum of Rs.70,000/- towards loss of earnings and compensation for mental agony and to pay cost of the complaint.

 1. The averment of the complaint in brief are as follows:

         The complainant submit that he purchased a Motor cycle Libero Yamaha Bike bearing registration No.TN-02 V 7231 after availing loan from the opposite party on 12.12.2005.   The complainant contended that the total cost of the vehicle is Rs.47,000/- in which the complainant paid a sum of Rs.10,000/- balance amount of Rs.37,000/- was paid after availing loan from the opposite party and executed hire purchase agreement.   At the time of sanctioning loan the opposite party obtained necessary document like blank pronotes, stamp papers, cheques and unfilled form.  As per the hire purchase agreement the complainant has to repay the loan amount of Rs.37,000/- in 36 equitable  monthly installment at the rate of Rs.1336/-.  The last EMI due date is 10.11.2008.    The complainant paid a sum of Rs.8,000/- for extra fitting to the vehicle.    The complainant regularly repaid the loan without any default.  The complainant has paid the said amount also.  Further the complainant state that he  was in due of last two installments amounting to Rs.2672/-.     Further the complainant state that on 2.12.2008 when the complainant parked his vehicle at Subash Chandra Bose Street, Padi, Chennai-50 his vehicle was stolen; he had  kept a sum of  Rs.12,000/- in the vehicle.  The complainant reported the matter to the  Korattur Police Station, Chennai on 5.12.2008 and CSR No.132/2008 also issued by the Police.   The illegal removal of the bike caused great mental agony.  Further the complainant also state that the opposite party has not issued any notice for such repossession of the vehicle.    As such the act of  the opposite parties amounts to deficiency in service which caused mental agony and hardship to the complainant.  Hence this complaint is filed.

2.    The brief averments in Written Version of  the opposite parties 1 to 3 are as follows:

      The opposite parties deny each and every allegations except those that are specifically admitted herein.   Admittedly the complainant was in due of two EMI.    The opposite parties state that as per statement of accounts is in due of three installments.   Since the complainant was a chronic defaulter, the opposite parties have no other option except to repossess the vehicle after issuing proper notice for re-possession.  The vehicle was also repossessed.     Further the opposite party state that the allegations of cash and plumbing materials are utter false.    The claim of Rs.12,000/- along with the plumping materials are imaginary.    Further the opposite parties state that since the complainant has not come forward to pay the balance amount the opposite party was constrained to sale the vehicle after issue of notice.   On the other hand the  opposite parties sold the vehicle for a petty sum of Rs.14,850/-.    Hence there is no deficiency in service on the part of the opposite party and the complaint is liable to be dismissed.

3.     In order to prove the averments of the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A10 marked.  Proof affidavit of opposite parties filed and Ex.B1 to Ex.B9  marked on the side of the opposite parties.

4.   The points for the consideration is:  

1. Whether the complainant is entitled to return back the Bike of LIBERO LX bearing registration No.TN 02 V 7231 with  a sum of Rs.12,000/- and plumbing instruments etc. as prayed for ?

2. Whether the complainant is entitled  a sum of Rs.20,000/- towards loss of earnings and a sum of Rs.50,000/- towards mental agony with cost as prayed for ?

5.   POINTS 1 & 2:

        Heard both sides.  Perused the records.   Admittedly the complainant purchased a Motor cycle Libero Yamaha Bike bearing registration No.TN-02 V 7231 after availing loan from the opposite party on 12.12.2005.   The learned  counsel for the complainant contended that the total cost of the vehicle is Rs.47,000/- in which the complainant paid a sum of Rs.10,000/- balance amount of Rs.37,000/- was paid after availing loan from the opposite party and executed hire purchase agreement as per Ex.B1.   At the time of sanctioning loan the opposite party obtained necessary document like blank pronotes, stamp papers, cheques and unfilled form.  As per the hire purchase agreement the complainant has to repay the loan amount of Rs.37,000/- in 36 equitable  monthly installment at the rate of Rs.1336/-.  The last EMI due date is 10.11.2008.   The complainant paid a sum of Rs.8,000/- for extra fitting to the vehicle.  The complainant regularly repaid the loan without any default.  But on careful perusal of the statement of account Ex.A5 shows that in two or three occasions the cheques issued by the complainant was bounced.  The complainant has paid the said amount also.  Further the complainant contended that he  was in due of last two installments amounting to Rs.2672/-.   But as per Ex.A5 the complainant paid only 33 installments (i.e.) the complainant was in due was three installments.  Further the complainant contended that on 2.12.2008 when the complainant parked his vehicle at Subash Chandra Bose Street, Padi, Chennai-50 his vehicle was stolen.  He had kept a sum of  Rs.12,000/- in the vehicle.  The complainant reported the matter to the  Korattur Police Station, Chennai on 5.12.2008 and CSR No.132/2008 also issued by the Police.   The illegal removal of the bike caused great mental agony.  Further the learned counsel for the complainant contended that the opposite party has not issued any notice for such repossession of the vehicle. As per Ex.B3 due intimation was given by the letter dated 2.12.2008 but it is very clear that the letter was dispatched on 4.12.2008.  But there is no acknowledgment from the complainant by the official and repossession of the vehicle also proves that the repossession is illegal without notice.    Further the learned counsel for the complainant contended that the opposite party for the meager outstanding amount without notice sold the vehicle for a petty sum of Rs.14850/- as per Ex.B8.  The opposite party has not issued any notice for such sale of the vehicle to the complainant proves the deficiency of service much less unfair trade practice.   Thereafter the complainant issued legal notice Ex.A9 to the opposite party for which there is no reply.  The complainant is ready and willing to pay the said amount if the proper notice was issued in relevant time.    The opposite party is without issuing any notice illegally disposed the vehicle and sold the vehicle.   The complainant hass prayed to return the vehicle with compensation for mental agony.

6.     The contention of the opposite parties is that admittedly the complainant was in due of two EMI.   As per statement of accounts je is in due of three installments.  Since the complainant was a chronic defaulter,  the opposite parties have no other option except to repossess the vehicle after issuing proper notice for re-possession  the vehicle  and it was repossessed.   But on a careful perusal of the records the vehicle was repossessed on 2.12.2008 with letter dated 2.12.2008 which was  dispatched on 4.12.2008 without serving any copy to the complainant proves that the vehicle was repossessed. Without due notice much less no notice. Further the contention of the opposite party is that the allegations of cash and plumbing materials are utter false.  There is no proof for such articles and even police  has not investigated and found out the such articles.   The claim of Rs.12,000/- along with the plumping material are imaginary.  Further the contention of the opposite parties is that since the complainant has not come forward to pay the balance amount the opposite party was constrained to sell the vehicle after issue of notice.   But on a careful perusal of the records no proper notice of any kind was issued and served to the complainant.  On the other hand the  opposite parties sold the vehicle for a petty sum of Rs.14,850/- proves the act of the opposite parties illegal.  Considering the facts and circumstances of the  case this Forum is of the considered view that the opposite parties 1 & 2 are jointly and severally liable to return the complaint mentioned vehicle or  the value of the vehicle (i.e.) Rs.47,000/- after deducting three EMI amount of Rs.4008/- (Rs.1336 x 3 = Rs.4008)  and shall pay compensation of  Rs.5,000/- towards mental agony with cost of Rs.5,000/- to the complainant and points are answered accordingly.    No order as against the  3^rd opposite party.   

        In the result the complaint is allowed in part.    The opposite parties 1 & 2 are jointly and severally liable to return the complaint mentioned vehicle or  the value of the vehicle (i.e.) Rs.47,000/- (Rupees Forty seven thousand only) after deducting three EMI amount of Rs.4008/- (Rs.1336 x 3 = Rs.4008)  and shall pay compensation of  Rs.5,000/-  (Rupees Five thousand only) towards mental agony with cost of Rs.5,000/-  (Rupees Five thousand only) to the complainant.    No order as against the  3^rd opposite party.   

The aboveamounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a to till the date of payment.         

              Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 4^th day  of  October  2017.  

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainant’s side documents:

Ex.A1- 13.12.2008         - Copy of R.C.Book.

Ex.A2- 13.12.2008         - Copy of Life tax.

Ex.A3- 25.4.2008  - Copy of Insurance.

Ex.A4- 10.1.2006  - Copy of letter from the 1^st opposite party.

Ex.A5- 6.6.2008    - Copy of Payment Statement issued by 1^st opp. party.

Ex.A6- 15.9.2008  - Copy of payment bills for bike made  by the complainant.

Ex.A7- 4.12.2008  - Copy of letter from 2^nd opp. party.

Ex.A8- 5.12.2008  - Copy of Police complaint.

Ex.A9- 12.12.2008         - Copy of legal notice.

Ex.A10-   .12.2008         - Copy of Ack. Cards.

 

Opposite parties’ side document: -     

Ex.B1- 8.12.2005  - Copy of loan cum Hypothecation Agreement.

Ex.B2- 2.12.2008  - Copy of authorization letter

Ex.B3- 2.12.2008  - Copy of intimation for full of termination value loan.

Ex.B4- 2.12.2008  - Copy of pre-repossession intimation to police station.

Ex.B5- 2.12.2008  - Copy of pre-repossession intimation to police station

Ex.B6- 2.12.2008  - Copy of inventory of Items in Vehicle. 

Ex.B7- 18.12.2008         - Copy of repayment receipt from the Sale of repossessed

                               vehicle.

Ex.B8- 19.12.2008         - Copy of indemnity for buying repossessed two wheelers.

Ex.B9- 27.1.2009  - Copy of letter from the opp. party to pay the deficit amount

 

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.