IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM
Present:
Hon’ble Mr. Bose Augustine, President
Hon’ble Mr. K.N. Radhakrishnan, Member
Hon’ble Mrs.Renu.P.Gopalan, Member
CC No.143/2015
Tuesday the 31st day of January, 2017.
Petitioner : Ramesh Kumar,
S/o. Vasudevan.
Kochumanalel House,
Chengalam South P.O
Kottayam.
(Adv. Vinu Jacob Mathew)
Vs.
Opposite parties : 1) Bajaj Finance,
Bajaj Auto Finance Ltd.,
2nd Floor, Kurup Tower,
Kodimatha, Kottayam
PIN – 686039.
2) Bajaj Auto Finance Ltd.,
Regional Office, No. 2A,
Bharani Business Centre,
2nd Floor, Dr. Bhanumathi
Ramakrishna Road,
Saligramam, Chennai-93.
(Adv. Francis Thomas)
O R D E R
Hon’ble Mr. Bose Augustine, President
The case of the complainant filed on 02/06/2015 is as follows:
The complainant availed a loan for Rs, 1,05,000/- from the opposite party finance company for purchasing Bajaj Goods Carrier three wheeler vehicle. As per the loan agreement the EMI amount is Rs.3856/- as 36 instalment and the agreed rate of interest is Rs. 9% per annum. And opposite party had collected 36 cheques of the complainant, promissory note and other documents. The hire purchase was noted in the RC book of the vehicle. According to the complainant he had remitted all the EMI’s properly and they collected other amounts on various grounds. Then the complainant requested to the opposite party to issue the No Objection Certificate. But opposite party had not cared to issue the NOC. So he could not transferred or demolish the said vehicle. According to the complainant the said act of opposite parties amounts to deficiency in service and unfair trade practice. Hence this complaint.
Opposite parties filed version admitting the issuance of the vehicle loan to the complainant. According to the opposite parties as per the request of the complainant for extending financial assistance for purchase of a three wheeler goods carrier vehicle they had agreed to extend financial facility to the tune of Rs. 1,38,816/- including financial charges of Rs. 33,816/-, for 36 months with interest @ 9.99% per annum. And on 27/10/2005 the complainant was executed loan agreement No. 451050067 in favour of the opposite party company. The EMI to be paid is Rs. 3,856/- payable every 7th of respective months starting from 07/12/2005. And the complainant has opted/chosen post dated cheques as one of the repayment mode as per his conveyance for remittance of respective month loan instalments without any delay of default through bank account and issued 36 numbers of filled and signed post dated cheques as payment mode/facility for prompt repayment of monthly instalments. According to the opposite parties the complainant has not remitted the EMI’s is in time as per the loan agreement. So as per the clause II(a) of agreed terms and conditions of the loan agreement other over dues charges was accumulated in the loan account due to non remittance of instalments on its due dates. And as per the statement of account on 03/11/15, there was an arrear of Rs. 7965/- towards other over due charges and complainant is liable to pay the said amount. So No Objection Certificate was not issued. According to the opposite party they had acted as per the terms and conditions of loan agreement and there is no deficiency in service or unfair trade practice on the part of opposite parties. And opposite parties prayed for dismissal of the complaint with cost.
Points for considerations are:
1) Whether there is any deficiency in service or unfair trade practice on the
part of opposite parties?
2) Relief and cost.
Evidence in this case consists of the proof affidavit of both sides and Ext. A1 to A4 documents from the side of the complainant and Ext. B1 and B2 documents from the side of opposite parties.
Point No. 1
The crux of the complainants’ case is that even after remitting all the EMI amounts with other charges on various heads of his vehicle loan, the opposite parties has not issued the NOC. According to the opposite parties the complainant has not remitted the EMI’s in time and as per the loan agreement he is to be remitted over due charges, which is due to non remittance of instalments on its due dates. As per the statement of account on 03/11/15, there was an arrear of Rs. 7965/- towards other overdue charges and the complainant is liable to pay the said amount. Opposite parties produced the copy of the disputed loan account statement and the same is marked as Ext. B2. In Ext. B2 the amount to be remitted by the complainant is shown as Rs. 1,51,252/-. The complainant has remitted Rs. 1,47,092/-. The over due charges due is shown as Rs. 12,600/- and paid by the complainant is shown as
Rs. 11,070/-. Bounce charge due is shown as Rs. ‘00’. That is ‘Zero balance’. In the version the specific case of the opposite party is that complainant is liable to pay Rs. 7965/- towards over due charges. However, the amount in the version is not tallying with Ext. B2 statement of account. So opposite parties failed to prove their contention. Further more opposite parties admitted that the entire instalments were remitted by the complainant. In our view act of opposite party in not issuing the NOC to the complainant amounts to deficiency in service. Point No. 1 is found accordingly.
Point No. 2
In view of the finding in point No. 1 . Complaint is allowed. In the result:
- Opposite parties are ordered to issue ‘No Objection Certificate’ to the
complainant pertaining to the vehicle vide Reg.No. KL-05/U7730 goods carriage.
- Opposite parties are ordered to pay Rs. 2,000/- as compensation and
Rs. 2000/- as litigation cost to the complainant.
The order shall be complied with within a period of 30 days from the date of receipt of copy order. If not complied as directed, the award amount will carry 15% interest from the date of order till realization.
Pronounced in the Open Forum on this the 31st day of January , 2017.
Hon’ble Mr. Bose Augustine, President Sd/-
Hon’ble Mr. K.N. Radhakrishnan, Member Sd/-
Hon’ble Mrs.Renu.P.Gopalan, Member Sd/-
Appendix
Documents for the petitioner:
Ext. A1: Original receipt (20 Nos)
Ext. A2: Original Bank pass Book.
Ext. A3: Copy of R.C Book.
Ext. A4: Copy of letter Dtd: 21/05/2014.
Documents for the opposite parties
Ext. B1: Copy of terms and conditions governing agreement with
Bajaj Auto Finance Ltd.
Ext. B2: Copy of statement of account Dtd: 03/11/2000.
By Order,
Senior Superintendent
