IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM
Dated this the 12th day of April 2023
Present: Sri.Manulal.V.S, President
Smt.Bindhu.R, Member
Sri.K.M.Anto, Member
CC No. 210/2020 (Filed on 22.12.2020)
Complainant : Biju T.T, S/o Thankappan,
Arinja Kallimkal,
Poovanthuruthu.P.O
Panachickadu Village,
Kottayam Taluk, Kottayam District
(By Adv.Akash K.R)
Vs
Opposite parties :1. M/s Cholamandalam Investment
and Finance Company Ltd
Dare House, 2 n.s.c Bose Road,
Parrys, Chennai-6000012
Represented by its General Manager
2. M/s Cholamandalam Investment and
Finance Company Limited
Kochuparambil Complex, K.K.Road
Opp.Bharat Petroleum, Kottyam-686004
Represented by its Branch Manager
(By Adv.R.Ajith)
O R D E R
Sri.K.M.Anto, Member
The complaint is filed under Section 35 of the consumer protection Act 2019.
The brief of the complainant’s case is as follows. The complainant had purchased a Maruti Suzuki Model Dzire car bearing registration Number KL.05.AC.3201 by availing a loan of Rs.2,62,682/- from the opposite party. The loan amount is to be repaid in 58 monthly installments with period of repayment from 15.12.2017 to 15.09.2022. The complainant is regular in repaying the loan. It is certified by the opposite party that the complainant had no EMI due as on 25.08.2020.
Due to Covid -19 pandemic the complainant was unable to remit the EMIs after September 2020. In the month of November, the complainant approached the opposite party and sought time for clearing the dues and the opposite party informed that they have imposed moratorium over the loan. But on 19.12.2020 the executives of the opposite party visited the house of the complainant and demanded to clear the dues till December. The term of the complainant’s loan is till 15.09. 2022. The demand of the opposite party to close the loan once and for all before the completion of the loan is illegal. The act of the opposite parties in adopting unhealthy practices in banking business and forcing the complainant for premature closure of the loan amounts to deficiency in service and unfair trade practice. Hence this complaint is filed.
On admission of the complaint, copy of the complaint was duly served to the opposite parties. The opposite parties appeared and filed their version
The version of the opposite parties are as follows. The complainant had availed a vehicle loan from the first opposite party for Rs.2,60,682/- for the purchase of Maruti car bearing Registration Number KL.05.AC. 3201. They agreed to repay the loan amount along with interest on 48 monthly installments starting from 15.12.2017. The account statement of the complainant clearly shows that the complainant is irregular in repayment of EMIs. Due to Covid-19, moratorium facility was granted to the complainant and EMI facility extended up to 15.09.2022. Complainants arrears as on 25.08.2020 was Rs.31,000/- and the complainant had cleared the dues of Rs.31,000/- on 25.08.2020. The complainant demanded a letter showing that he had no dues as on 25.08.2020 and the letter was issued. The complainant had not paid the EMIs after 25.08.2020. This complaint is filed for restraining the opposite parties from initiating recovery proceedings. The complainant had availed the moratorium facility from April 2020 to July 2020. The allegation that the executives of the opposite parties came to the house of the complainant and threatened to take the vehicle by force if the complainant is not clearing the dues is not correct. The opposite parties never imposed unlawful charges in the loan account of the complainant. There is no deficiency in service or unfair trade practice from the part of the opposite parties.
The complainant filed proof affidavit and marked documents Exhibits A1 and A2. Maneesh, Legal Executive of the opposite parties filed proof affidavit in lieu of chief examination and marked documents as Exhibits B1.
On going through the complaint, version of the opposite parties and evidence adduced we would like to consider the following points.
- Whether there is deficiency in service or unfair trade practice on the part of the opposite parties
- If so, what are the reliefs and costs?
Points 1 and 2
On the basis of the complaint and version of the opposite parties and evidence on record it is admitted by both the parties that the complainant had availed a vehicle loan from the first opposite party on 14.11.2017 for an amount of Rs.2,60,682/- for the purchase of Maruti Dezire Car bearing registration number KL.05-AC 3201.
Ext A1 is the letter issued from the Thiruvalla Branch of the first opposite party stating that there have no EMI dues for the vehicle KL.05.AC 3201 as on 25.08.2020.
Ext A2 is the account statement of the loan account of the complainant from 08.09.2017 to 08.09.2020 which shows that the total installment paid is Rs.2,25,585/- of which the principal amount paid is Rs.1,00,056/- and interest paid Rs.1,25,529/-. The principal outstanding is Rs.1,60,626/- and the last payment towards the loan was on 25.08.2020.
On going through the above discussed findings, it is evident that the complainant had availed a loan for an amount of Rs.2,60,682/- and complainant had agreed to repay the loan amount with interest in 58 Monthly installments. But the complainant had remitted only Rs.2,25,529/- towards the repayment of the entire Loan. The complainant had not paid any monthly installments after September 2020. Even though the complainant alleged that the opposite parties threatened for premature closure of the loan, the complainant failed to adduce any evidence to prove this allegation. The complainant failed to prove deficiency in service or unfair trade practice from the side of the opposite parties with cogent evidence. Point No 1 is not found in favor of the complainant. The complaint is liable to be dismissed. The complaint is dismissed.
Pronounced in the Open Commission on this the 12th day of April, 2023.
Sri. K.M. Anto, Member sd/-
Sri.Manulal.V.S, President sd/-
Smt.Bindhu.R, Member sd/-
Appendix
Exhibits marked from the side of complainant.
A1- Letter dated 25.08.2020 issued by Cholamandalam Investment and Finance Company Ltd.
A2- Copy of the statement of account of the loan dated 08.09.2020 issued by Cholamandalam Investment and Finance Company Ltd.
Exhibits marked from the side of opposite party
B1- Copy of power of attorney dated 02.08.2021.
By order
Assistant Registrar
