BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENAKUMARI. A : MEMBER

SMT. S.K.SREELA : MEMBER

C.C. No. 134/2007 Filed on 23.05.2007

Dated : 15.11.2008

Complainant:

Santhosh Kumar. M.S, T.C 23/641, Valiyasala, Chalai P.O, Thiruvananthapuram.

Opposite parties:

1. Manappuram Financial Services, represented by its Chairman, Manappuram House, V/104, Valapad – 680 567, Thrissur.

    

2. Manappuram Financial Services represented by its Branch Manager, Capri Building, Pazhavangadi, East Fort, Thiruvananthapuram.

(By adv. Padmini.N)

This O.P having been heard on 30.10.2008, the Forum on 15.11.2008 delivered the following:

ORDER

SMT. BEENAKUMARI.A: MEMBER

Facts of the case are as follows: The complainant availed a personal loan from the opposite parties on 08.12.2006 for an amount of Rs. 1,50,000/-. He purchased a second hand Santro car with that money. Informing the matter the opposite party insisted the complainant to convert the personal loan to a car loan. For that purpose opposite parties obtained the R.C book and insurance papers of the car from the complainant and also received Rs. 3000/- from the complainant for that effect. Thereafter the opposite parties have not returned the R.C book and insurance papers of the car to the complainant till date. As per the complainant it is not possible to use the car without the above said papers. Once the traffic police fined him for the above offence. Another allegation put forward by the complainant against the opposite parties is that they did not disclose the details of loan to him. As per the complainant the loan amount is Rs. 1,50,000/-, but the amount repayable as per the calculations of the opposite parties is Rs. 2,86,176/-. the complainant stated that it is exorbitant. Several times the complainant requested the opposite parties to give loan proposal to him. But the opposite parties not furnished the loan details to him. Hence the complainant approached this Forum for his grievances.

The opposite parties in this case remained exparte.

Points to be ascertained:

1. Whether there is unfair trade practice or deficiency in service from the side of opposite parties?

2. Whether the complainant is entitled to get the reliefs and cost sought for?

Points (i) & (ii):- To prove his case the complainant has filed affidavit and produced 5 documents. The documents produced by the complainant were marked as Exts. P1 to P5. The affidavit filed by the complainant stands unchallenged. The document marked as Ext. P1 is the sale agreement which proves that the complainant purchased the car bearing Reg. No. KL-01-X 329. Ext. P2 is the copy of receipt which shows the traffic police charged a fine of Rs. 100/- from the complainant. Ext. P3 is the copy of cheque for Rs. 1,50,000/- in the name of the complainant issued by the opposite party, which is the loan amount. Ext. P4 is the copy of certificate of posting. Ext. P5 is the copy of notice issued by the complainant to the opposite parties.

From the pleadings and documents the complainant has proved his case. The opposite parties have not turned up to contest the case. On going through the evidences we have seen that the reliefs sought for by the complainant is reasonable. As a consumer the complainant has the right to know the details of his loan and how the opposite parties have arrived at the amount repayable as Rs. 2,86,176/-. The opposite parties are liable to furnish the details of loan proposal to the complainant. And also we understand that the complainant has difficulties to use the car without sufficient papers. The acts of the opposite parties amount to deficiency in service. Hence the complaint is allowed.

In the result the opposite parties are directed to return the original R.C Book and insurance papers of the vehicle bearing Reg. No. KL-01 X 329 Santro Car to the complainant. The opposite parties are also directed to give the loan proposal and other details of loan to the complainant. This Forum also allow Rs. 2000/- (Rupees two thousand only) as compensation and Rs. 1500/- (Rupees one thousand five hundred only) as cost from the opposite parties. Time for compliance one month. Thereafter 9% annual interest shall be paid to the amount till the realization.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the day of 15^th November 2008.

BEENAKUMARI. A : MEMBER

G. SIVAPRASAD : PRESIDENT

S.K. SREELA : MEMBER

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C.C. No. 134/2007

APPENDIX

I COMPLAINANT'S WITNESS :

PW1 - Santhosh Kumar. M.S

II COMPLAINANT'S DOCUMENTS :

P1 - Photocopy of sale deed of vehicle dated 13.12.2006.

P2 - Photocopy of acknowledgement for receipt of money

(duplicate) receipt No. 680.

P3 - Photocopy of cheque No. 775803 dated 08.12.2006 for

Rs. 150000/-.

P4 - Photocopy of Tapal cover.

P5 - Photocopy of letter dated 18.04.2007 issued to the opposite

party.

III OPPOSITE PARTY'S WITNESS :

NIL

IV OPPOSITE PARTY'S DOCUMENTS :

NIL

PRESIDENT

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