CONSUMER DISPUTES REDRESSAL FORUM
PALAKKAD, KERALA
Dated this the 27th day of September, 2012.
Present: Smt. Seena. H, President
: Smt. Preetha. G. Nair, Member
: Smt. Bhanumathi. A.K, Member Date of filing: 04/08/2012
CC /149/2012
C.N.Pradeep Guptha,
“Sree”, Naduvathodi House,
Mannampatta P.O, - Complainant
Kadampazhipuram (via),
Palakkad-678 633
Vs
Chairman,
Tata Motor Finance (P) Ltd,
Sreehari Complex, DNM Road, - Opposite party
Opp.Hero Honda Showroom,
Thrissur-680 020
O R D E R
BY SMT. BHANUMATHI. A.K, MEMBER
The complaint in brief:
The complainant has purchased a KL-51-B-3399 TATA NANO Car on 24th February 2011. For which the complainant availed financial assistance of Rs.75,000/- from the opposite party. The amount is to be repaid as EMI of Rs.2065/- every month. The complainant was paying the EMI through SBI Branch. The complainant has made the payments correctly. When the complainant was attending a family function, a representative of the opposite party came there and humiliated him in front of the friends and relatives saying that the complainant has not paid the EMI for the month of June. And the complainant was taken to the SBI and made the complainant to withdraw the installment in cash with the fine of Rs.1,000/- and paid these amount to the representative of opposite party. Though the complainant demanded receipt for the same it was not provided when the complainant enquired with the bank it is came to know that the EMI of June month has been withdrawn but the fine amount of Rs.1,000/- has not shown. The above act of opposite party caused mental agony to the complainant. So the complainant seeking an order directing the opposite party to pay an amount of Rs.10,00,000/- as compensation for mental agony and cost of the case.
Opposite party did not appear before the Forum though notice was served and set exparte.
Complainant filed proof affidavit and Ext. A1 marked.
Heard.
Issues to be considered are
Whether there is any deficiency of service on the part of opposite party?
If so, what is the relief and cost?
Issues No. I&2
The complainant has purchased a TATA NANO Car Reg.No.KL-51-B-3399 with the financial assistance from opposite party. The EMI was fixed as Rs.2,065/-. The complainant has been paid the EMI amount to opposite party correctly. While he was attending a family function, a representative of the opposite party insulted the complainant saying that he has not paid the EMI amount for the month of June. Opposite party has not informed the said fact to the complainant earlier. The complainant was taken by the opposite party representative to the SBI and made the complainant to withdraw the cash as the EMI for the month of June and Rs.1,000/- as fine. The receipt was not given. When the complainant enquired with the bank, it is came to know that the EMI amount for the month of June has been withdrawn. But the fine amount of Rs.1,000/- was not mentioned. It is evident from Ext.A1 document. As opposite party remains exparte, the contentions of the complainant stand unchallenged.
The above act of opposite party amounts to deficiency of service on their part.
In the result complaint allowed. Opposite party is directed to pay an amount of Rs.3000/- (Rupees Three thousand only) to the complainant as compensation for mental agony and Rs.1000/- (Rupees One thousand only) as cost of the proceedings to the complainant.
Order shall be complied within one month from the date of receipt of order failing which the whole amount shall carry 9% interest per annum from the date of order till realization.
Pronounced in the open court on this the 27th day of September, 2012.
Sd/-
Smt. Seena. H
President
Sd/-
Smt. Preetha.G.Nair
Member
Sd/-
Smt. Bhanumathi.A.K
Member
A P P E N D I X
Exhibits marked on the side of complainant
Ext.A1– Transaction enquiry (Photocopy).
Exhibits marked on the side of opposite party
Nil
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite party
Nil
Cost allowed
Rs.1000/- (Rupees One thousand only) allowed as cost of the proceedings.
