DATE OF FILING : 23.04.2010

BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 29th day of June, 2010

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.80/2010

Between

Complainant : Lilly Jose W/o Jose,

Padamattummel House,

Adimali P.O,

Idukki District.

(By Adv: T.M.Sunny)

And

Opposite Parties : 1. The Branch Manager,

Tata Finance Limited,

Muvattupuzha Branch,

Muvattupuzha P.O,

Ernakulam District.

2. The General Manager,

Tata Finance Limited,

Bassola Complex,

Ist Floor, V.N.Purav Marg,

Chemboor, Mumbai - 71.

O R D E R

SMT.SHEELA JACOB(MEMBER)

The complainant availed a Hire Purchase facility from the opposite party for the purchase of a Tata 407 CLB mini lorry. The financial facility availed of was Rs.5,37,867/- on agreement to repay the same in 46 monthly instalments commencing from 23.12.2004. The full amount was paid within the stipulated period of 17.11.2008 and an additional amount of Rs.5,300/- was also paid. But the opposite party claimed an additional amount of Rs.50,000/- as overdue for releasing the HP Termination letter and connected papers of the vehicle. Demand was made by issuing legal notice dated 21.11.2009 to the opposite party. But the opposite party have not complied with the request and they claimed overdue amount by way of interest, since the termination letter and other documents are not returned. Alleging deficiency in service against the opposite parties, the complaint has been filed for a direction for return of the documents along with compensation to the tune of Rs.25,000/-.
 

2. The opposite parties are absent and so called exparte.
 

3. The point or consideration is whether there was any deficiency in service on the part of the opposite parties, and if so, for what relief the complainant is entitled to ?
 

4. The complainant has given evidence as PW1 and Exts.P1 to P5 marked.
 

5. Ext.P1 is the HP Agreement and Ext.P2 is the statement of account. Ext.P3(series) are the receipts issued by the opposite party. Ext.P4(series) are the legal notice issued by the complainant with Postal AD Cards and Ext.P5 is thenotice sent by the opposite party. The case of the complainant is that he availed of a HP facility to the tune of Rs.5,37,867/- from the opposite party and he had repaid the entire hire amount within the stipulated time. But the opposite parties are refusing to issue the termination letter and other documents. The contention of the Ist opposite party is that a further amount of Rs.50,000/- is due from the complainant and only on payment of the same the complainant is entitled to get the release of documents. The complainant has produced Ext.P3(series) and Ext.P4(series) documents. She paid 47 instalments. It is evident that the complainant had paid all instalments and the amount paid were credited towards the instalments. There is no explanation for claiming further interest amounting to Rs.50,000/-. The opposite parties were not in a position to explain properly as to how this amount would be claimed. Therefore from Ext.P3(series), it has to be found that the complainant has discharged the liability and the hire purchase agreement. It has been stated by the complainant that since the termination letter and other documents were not returned. It is probable that the complainant might have suffered some amount of financial loss. So she is legitimately entitled for compensation for the deficiency in service from the part of the opposite parties, which in the circumstances would be limited to Rs.5,000/-. She is also entitled to get Rs.1,500/- by way of cost of the petition.
 

In the result, the opposite parties are directed to return the HP Termination letter and connected papers to the complainant and pay Rs.5,000/- as compensation along with Rs.1,500/- as cost of the petition to the complainant within one month of receipt of a copy of this order, failing which the amount shall carry 12% interest per annum from the date of default.

Pronounced in the Open Forum on this the 29th day of June, 2010

Sd/-
 

SMT.SHEELA JACOB(MEMBER)

Sd/-
 

I agree SRI.LAIJU RAMAKRISHNAN(PRESIDENT)

Sd/-
 

I agree SMT.BINDU SOMAN(MEMBER)

APPENDIX

Depositions :

On the side of Complainant :

PW1 - Lilly Jose

On the side of Opposite Parties :

Nil

Exhibits:

On the side of Complainant:

Ext.P1 - Hypothecation Agreement

Ext.P2 - Statement of Accounts from 1.01.2005 to 28.07.2007

Ext.P3(series) - Receipts issued by the opposite party(5 Nos)

Ext.P4(series) - Lawyer Notice dated 21.11.2009 issued by the advocate of the complainant to the opposite parties with Postal AD Cards

Ext.P5 - Notice dated 25.01.2010 issued by the opposite party

On the side of Opposite Parties :

Nil