DATE OF FILING : 30.11.2017

IN THE CONSUMER DISPUTES  REDRESSAL FORUM, IDUKKI

Dated this the 2nd  day of  November,  2018

Present :

SRI. S. GOPAKUMAR PRESIDENT

SRI. BENNY. K. MEMBER

CC NO.256/2017

Between

Complainant       :   Joseph, S/o. Xavier, 

Plapparambil House,    

Pambanar, Peermedu, Idukki. 

(By Adv:  Shiji Joseph)

And

Opposite Parties                                          :   1.  The Manager,

       Mahindra & Mahindra 

                    Financial Service,

       1st Floor, Sehion Plaza, Near BSNL,

       Erattayar Road, Kattappana,

       Idukki – 685 508. 

  2.  The Chairman & Managing Director,

       Mahindra & Mahindra 

Financial Service,

       Gate way Building, Appollo Bunder,

       Pin – 400 001.

 

O R D E R

 

SRI. S. GOPAKUMAR, PRESIDENT

 

Case of the complainant in brief is that,

 

Complainant is a temporary estate labour.  The 1st  opposite party is branch manager of the Mahindra & Mahindra Financial Services.  2nd opposite party is the corporate office.  The complainant is the registered owner of KL-37-B-2834 Tempo traveller passenger vehicle.  On 7.9.2012, the complainant availed a vehicle loan of Rs.9,10,000/- from the opposite party for purchasing the above said vehicle and was agreed to repay with interest in 60 monthly instalments at the rate of Rs.22000/- each.  The complainant had repaid 48 instalments out of 60.  The loan period was ended in September, 2017.  Due to the severe financial difficulties, the complainant could not repay the loan outstanding.    In September 2017, 

              (cont....2)

-  2  - 

the complainant received a notice from the opposite party demanding Rs.2,58,000/- as loan dues.  When the complainant approached the 1st opposite party for closing the loan, 1st opposite party demanded more than Rs.5 lakhs including the interest on default instalments.  The opposite party further intimated that, unless the complainant paid the amount, they will initiate arbitration proceedings against the complainant and the guarantors.  Opposite parties have charged 36% as penal interest for the defaulted instalments.  Challenging this act of the opposite parties, complainant approached this Forum alleging deficiency in service against opposite parties and for getting relief such as to direct the opposite parties to exempt the penal interest charged to the loan dues and also direct them to pay the cost and compensation.

 

Eventhough acceptances of notices from the Forum, opposite parties have not appeared before this Forum and not filed written version or contested the matter.  Hence the opposite parties were set exparte and the complaint was posted for exparte evidence.

 

On the side of the complainant, he produced one document.  Copy of the RC Book of above said vehicle is marked as Ext.P1.

 

Heard the complainant.

 

Point that arose for consideration is that whether there is any deficiency in service from the part of opposite parties and if so, for what relief the complainant is entitled to ?

 

The POINT :-  On perusal of the record, it is seen that the contentions alleged against the opposite parties by the complainant are not challenged.  Opposite parties miserably failed to appear before the Forum and to file any reply version in this matter.  

 

In above circumstances, the complaint allowed.  Complainant is directed to remit the balance instalments with 12% interest within one month from the receipt of a copy of this order.  The opposite parties are directed to regularise the defaulted loan instalments with 12% interest from the date of default and issue statement of account as stated above, 

     (cont....3)

 -  3  -

 

if the complainant approaches them within the period stipulated above.  The matter is closed accordingly.

 

Pronounced in the Open Forum on this the 2nd day of November, 2018

 

Sd/-

   SRI. S. GOPAKUMAR, PRESIDENT

Sd/-

SRI. BENNY. K., MEMBER

 

APPENDIX

Depositions :

Nil.

Exhibits :

On the side of the Complainant :

Ext.P1            -  Copy of RC Book. 

On the side of the Opposite Party :

Nil.