D.o.F: 15/10/2009 D.o.O:30/10/2010 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.225/09 Dated this, the 30th day of October 2010. PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER
K.M.Abdulla, S/o Mohammed, Baleer House, Blarkode, Kudlu Po, : Complainant Kasaragod. (Adv.Benny Jose, Kasaragod) 1.Authorised signatoruy, Tata Motor Finance,DGP House, 4th floor, Old Prabhadevi Road, Mumbai 400025. 2. The Manager/office in charge, : Opposite parties Tata Finance Ltd, 789, Ward No. WIB 15, Ist floor, south Bazar Kannur.670002. (Adv.M.Preman,Kannur) ORDER SMT.P.RAMADEVI : MEMBER The complaint in brief as follows: That the complainant had availed a loan from the opposite party for purchasing a mini goods vehicle. An agreement was entered into with opposite party for the above said purpose. As per the terms of the agreement the complainant has to pay 47 monthly instalments. Initially the complainant had entrusted ` 20,000/- to the agent of opposite party at Anangoor as booking charges. After that he remitted the entire 47 monthly instalments even though there were slight variations with the actual due date of payment, as per the payment chart issued by opposite party. Further settling the account the complainant approached the opposite party for clearance certificate. But the opposite party refused to issue the certificate because the complainant has to pay a further sum of ` 50,000/- for closing the account. At that time the complainant came to know that 20,000/- which he paid as booking charge is not seen adjusted by opposite party. Hence the complaint filed for necessary reliefs. 2. On receipt of summons the opposite party appeared through their counsel and filed the version. As per the version the opposite party did not admit the settlement of account by the complainant. According to opposite party the complainant is a chronic defaulter in repaying the monthly instalments and as per the hire purchase agreement the delayed payment would attract an overdue interest. Here the complainant is liable to pay an amount of ` 30443/- being the overdue instalments and ` 32025 /- being the overdue charges as on 6/1/2010. Several cheque issued by the complainant were dishonored Only on getting the entire amount the opposite party will issue the clearance certificate. 3. The evidence in this case consists of the evidence of PW1, the complainant and Exts.A1 to A5 documents. On the side of opposite party Ext.B1 and affidavit filed . 4. Now the points arise for consideration are: 1. Whether there is any deficiency in service on the part of opposite party? 2. If so, what is the order as to costs and compensation? 5. The specific case of complainant is that he paid the entire 47 instalments as per the hire purchase agreement. At the same time he has got a case that ` 20,000/- which he paid to Sakthi Automobiles was not seen adjusted anywhere. The Sakthi automobiles is not a party to this proceedings. Ext.A1 shows that the complainant paid ` 20,000/- to Sakthi Automobiles. According to opposite parties they have not received ` 20,000/- as booking charges from the complainant and Sakthi Automobiles is no way connected to opposite parties. There is no evidence before the Forum that opposite parties has got any connection with Sakthi Automobiles. Hence the Forum cannot presume that the amount paid by the complainant to Sakthi Automobiles as booking charges is adjusted to the loan account of the complainant by opposite parties. Moreover, opposite parties produced Ext.B1 which shows the payment made by the complainant towards the hire purchase loan and the amount of overdue charges. As per Ext.B1 no amount is adjusted as booking charges . On plain reading of the compliant itself shows that the entire amount paid by the complainant includes the booking charges also . Moreover he has no case that he paid the booking charges to the opposite party. Ext.A1 shows that the booking charges of ` 20,000/- was paid to Sakthi Automobiles. If the complainant has got a case that Sakthi Automobiles misused or misappropriated the said booking charges of ` 20,000/- then he can recover the said amount from Sakthi Automobiles through appropriate legal proceedings. Ext.B1 shows that the complainant has to pay penal interest and other expenses of ` 32,025/-. Opposite parties have no right to penalize the complainant in subsequent period. As per the law of appropriation of interest they should have recover the default interest when ever the complainant paid the subsequent monthly instalments. Hence the opposite parties are not entitled to recover the amount of ` 30433/-. Hence the forum is of the opinion that without adjusting the booking charges the complainant has not paid the entire loan amount . We find there is no deficiency in service on the part of opposite parties in not issuing the clearance certificate. Hence the complaint is allowed in part. The opposite parties are directed to issue clearance certificate to the complainant only on receipt of 30,433/- @ 6% interest from 20/7/09 till payment. Time for compliance is limited to 30 days from the date of receipt of copy of the order. There is no order as to costs Exts: A1-20/8/05- receipt of 20,000/- A2-25/8/09- office copy of lawyer notice A3- series A.D. card A4-temporary repayment schedule A5-Statement of account B1-Contract Details MEMBER PRESIDENT eva | 
