BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 30th day of December, 2009

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.26/2009

Between

Complainant : T.R. Ravi Prasad,

Panayakkuzhiyil (H),

Mali P.O,

Vandanmedu,

Idukki District.

(By Adv: V.C. Sebastian)

And

Opposite Parties :

1. The Branch Manager,

Tata Motors Finance Ltd.,

Branch Office Cochin,

No.27/2605, 3^rd Floor,

Palarivattom, S.L.Plaza,

Cochin, Ernakulam Dist.

2. The Manager,

Tata Motos Finance Ltd.,

C.S., D C A of Tata Motor Finance

K.S.H.B. Shopping Complex,

2^nd Floor, Kattappana,

Kattappana P.O.,

Idukki Dist. 685 508.

O R D E R
 

SRI. LAIJU RAMAKRISHNAN (PRESIDENT)
 

The complainant availed a vehicle loan from the opposite party for his Tata 407 tipper lorry bearing registration number KL-37 1096. The said loan was having 47 equal monthly instalments starting from 2.1.2007 to 2.11.2010. The 1^st instalment of the loan was Rs.17,980/- and the instalment date was on 2.1.2007. The 2^nd instalment was Rs.15,750/- and due date was on 2.2.2007. The complainant issued a cheque leaf of Rs.17,980/- and 10 post dated cheque leaves of Rs.15,750/- each to the opposite party as security for the instalments. Another cheque leaf for Rs.5,67,000/- was also given as security which was cheque No.753174 from the Federal Bank Ltd., Kuzhikkala branch. The post dated cheques dishonoured from the bank when presented by the opposite party. So a demand draft was sent to the opposite party by the complainant. As on 2.1.2009 the complainant paid 25 instalments to the opposite party. The insurance to the vehicle for the year 2007 was paid by the complainant himself and insurance amount for years 2008, 2009 and 2010 were transferred from the loan account by the opposite party as Rs.30,000/-. The road tax of the vehicle was paid upto 31.12.2008. In order to pay road tax of the vehicle in the year 2008-09, the complainant requested for getting certificate of insurance to the opposite party. After repeated request, the opposite party denied to issue the certificate to the complainant. After that, when the complainant approached to get the certificate at the opposite party's office, the opposite party requested overdue interest of Rs.42,339/- and overdue charges of Rs.31,929/-. They told that the interest should be paid and the certificate would be given only after paying the amount. The complainant was promptly paying instalments and is not entitled to pay the amount calculated by the opposite party. The statement as per 13.1.2009 was given on 27.1.2009 by the opposite party to the complainant which was utterly false. The complainant was not able to pay road tax within 31.1.2009 so he had to pay fine for the same as Rs.120/- per month. The complainant also suffered a loss of Rs.2,000/- per day because he was hiring another vehicle for his day-today business. So this petition has filed for getting copy of the insurance certificate of the vehicle in the year 2008-09 and also for getting statement of accounts.

2. The opposite party filed a written version and stated that the complainant is not a consumer as section 2(1)(d) of Consumer Protection Act. It is admitted that the complainant availed a loan of Rs.5,84,000/- from the respondent company by executing hypothecation agreement. As per the agreement the complainant was required to pay instalments as per the repayment schedule mutually agreed at the time of the loan agreement. The complainant was failed to take the undertaking and thereby loss caused to the company. As on 16.3.2009 the complainant has made payments for 22 instalments only. The complainant is liable to pay the amount Rs.73,839.40/- on 16.3.2009 along with overdue charges apart from future instalments. The company never been reluctant to issue insurance certificate to the complainant. The opposite party company never obstructed the complainant to use the vehicle in road. The respondent company shall be within its right to repossess the vehicle as per due process of law if the complainant comes within the meaning of defaulter as defined in the loan agreement executed between the parties there in. There is no deficiency in the part of the opposite party.
 

3. The point for 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 evidence consists of the oral testimony of PW1 and Ext. P1 to P10 marked on the side of the complainant. No oral evidence adduced from the part of opposite party and Exts.R1 to R3 marked on the side of the opposite parties.
 

5. The POINT:- Complainant availed a vehicle loan from the opposite parties and they are paying promptly. But the Insurance Certificate of the year 2008-2009 was not given to the complainant after repeated demands. Complainant was examined as PW1. The first instalment of the loan was Rs.17,980/- and the other monthly instalments were 15,750/- each. There is total 47 instalments. Ext. P1 is the copy of the repayment schedule. 34 instalments were paid without default. In order to pay the road tax, the Insurance Certificate of the vehicle was necessary. The opposite party never supplied the same. So PW1 was not able to ply the vehicle. PW1 hired another vehicle for his contract work for 10 days which cost Rs.2,000/- per day. The opposite party is not entitled to repossess the vehicle for overdue interest and overdue charge. Ext. P2 is the copy of RC book of the vehicle. Ext. P7 is the copy of the receipt issued by the opposite party for payment of 25^th monthly instalment Rs.15,750/- dated 2/1/2009. Ext. P8 is the copy of the Demand Draft for payment of 26^th instalment. Ext. P9(series) is the copy of the receipts for the payment of monthly instalments. (P9 (2 to 10) nine instalments). The opposite party is not accepting the instalment now after filing this complaint. The statement of accounts are not correct. As per the cross examination of the learned counsel for the 1^st opposite party, PW1 replied that there was default in payment of instalments. Ext.R2 is the copy of the Hypothecation agreement. As per the 1st opposite party, opposite party can charge interest for default as per Ext.R2. It is also admitted by the complainant on cross examination that the opposite party issued the copy of the Insurance Certificate after filing this complaint, copy of the Statement of Accounts also received now, which is Ext. R1. The opposite party never informed to repossess the vehicle from the complainant.

So we think that the complainant received the Statement of Accounts and the copy of the Insurance Certificate. The opposite party never want to repossess the vehicle from the complainant. But those were supplied only after filing this complaint. Hence the opposite party must pay the cost of this petition.
 

Hence the petition allowed. The opposite parties are restrained from forcible possession of the vehicle (No.KL37 1096, tipper lorry) from the custody of the complainant without due process of law. The opposite parties are also directed to pay Rs.2,000/- as cost of this petition 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 30^th day of December, 2009

Sd/-

SRI. LAIJU RAMAKRISHNAN (PRESIDENT)

Sd/-

SMT. SHEELA JACOB (MEMBER)

Sd/-

SMT. BINDU SOMAN (MEMBER)

APPENDIX

Depositions :

On the side of Complainant :

PW1 - T.R. Ravi Prasad

On the side of Opposite Parties :

Nil

Exhibits :

On the side of Complainant :

Ext.P1 - Copy of temporary Repayment Schedule from Tata Motors Limited, Ernakulam.

Ext.P2 - Copy of the R.C. Book of the complainant.

Ext.P3 - Copy of receipt of Kerala Motor Transport Worker's Welfare Fund Board.

Ext.P4 - Copy of Pollution Under Control Certificate

Ext.P5 - Copy of contract details of Tata Motors Finance Ltd.

Ext.P6 - Copy of Demand Draft for Rs.1,210/- dated 27.1.2009 for the payment of tax. Ext.P7 - Copy of receipt issued by TML Financial Services Limited

Ext.P8 - Copy of Demand Draft for Rs.15,750/-, dated 2.2.2009

Ext.P9(1 to 10) - Copies of receipts of payment of monthly instalments of the loan

Ext.P10 - Copy of Demand Draft for Rs.15,750/-, dated 4.11.2009.

On the side of Opposite parties:

Ext.R1 - Copy of statement of accounts Forwarded by Order,

Ext.R2 - Copy of Hypothecation agreement