DISTRICT CONSUEMR DISPUTES REDRESSAL FORUM PALAKKAD Dated this the 27th day of March 2009 .
Present : Smt. H. Seena, President : Smt. Preetha G. Nair, Member : Smt. Bhanumathi.A.K, Member C.C.No.84/2006
C. Silvester Nirman D/5 T.B. Complex T B Road Palakkad. - Complainant (Adv. P. Jyothirmayan) V/s
1. Ford Credit Kotak Mahindra Limited Ceebros Center 45 Monttath Road Chennai 600 008
2. Ford Credit Kotak Mahindra Ltd Gowtham Centre Annexe Annexe Avanasi Road Coimbatore (Adv M. Rajesh) 3. Ford Credit Kotak Mahindra Ltd 15/239 Lakshmi Garden Mathakovil Street Palakkad. - Opposite parties
O R D E R By Smt. Preetha G. Nair, Member The complainant bought a Ford Ikon Car from the 3rd Opposite Party and a loan was taken for purchasing the car from the 1st Opposite party. Rs.4,80,000/- was the loan amount. The complainant has repaid the full loan amount and the loan was closed on 23/05/2004. But the Ist Opposite party has not sent the termination letter. Then the complainant issued a registered letter on 18/10/2005 to the Opposite parties. The Opposite parties sent no reply . On 10/12/2005 the complainant issued lawyer notice to the Opposite parties and no reply was sent by the Opposite parties, The above facts has resulted financial loss and mental strain to the complainant. So the complainant is claiming an amount of Rs. 1 lakh as compensation for the financial loss and mental strain caused by - 2 -
the act of the Opposite parties and direct the Opposite parties to send the termination letter of agreement No.25600206.
After admitting the complaint notice was issued to the Opposite parties for their appearance. Ist Opposite party was set exparte. Notice against 3rd Opposite Party returned. Therefore substituted service by paper publication was taken and was produced. 3rd Opposite party was also set exparte. Then the Opposite party 2 entered appearance through the counsel and filed version stating the following contentions.
The Opposite party stated that the complainant was not prompt in repayment. Many of the cheques issued by the complainant was dishonoured and he is liable to pay the penalty charges. The Opposite party stated that the complainant did not pay the penalty charges. Hence the Opposite parties has not issued the termination letter. The Opposite party submitted that they have sent reply notice to the complainant. But not produced any documents supporting that aspect. The Opposite party further stated that the claim made by the complainant in the complaint is frivolous, concocted vexations and hence it is liable to be dismissed.
Complainant and Opposite party filed proof affidavit along with documents. Exhibit A1 to A5 series and Exhibit B1 to B2 were marked. Questionaire filed by complainant and Opposite party were answered by the respective parties. Matter heard. The issues to be decided are: Whether there is any deficiency of service on the part of Opposite parties? If so, what is the relief and cost?
Issues 1 & 2 We have perused relevant documents and the proof affidavit produced before the Forum. The first contention of the complainant is that the Opposite parties have not demanded any amount from the complainant and for the first time they have stated it in the version. The Opposite parties agreed that the complainant had purchased the Ford Ikon Car from MPL Ford, Pondicherry on 14.07.2000. As per the agreement marked as Exhibit B2 - 3 -
the repayment period was from 23/07/2000 to 23/05/2004. According to Exhibit B1, on 25/06/2004 the last instalment was received. But only on 02.02.06 the Opposite parties calculated the collection charge and debited the loan amount. But as per the the EMI schedule payment should over by 23.05.04. More than one year the Opposite parties have not taken steps for realising the balance amount. On 18/10/2005 the complainant sent a registered letter to the Opposite parties requesting to send the termination letter. The complainant stated that no reply was sent by the Opposite parties. Later on 10.12.2005, lawyer notice was issued to the Opposite parties. No document was produced by the Opposite parties to show that it was duly replied. The Opposite parties adduced no evidence to show that they have taken action for recovery of penal charges. Opposite parties kept mum without issuing notice for balance amount due if any after the expiry of the stipulated period of payment. Instead they have come up with such a contention only when the complaint was filed by the complainant. The acts of Opposite parties are clear violation of principles of natural justice.
According to Exhibit B1 and Exhibit A1 it can be seen many of the cheques issued by the complainant were dishonoured and the complainant not prompt in repayment. The complainant adduced no evidence for the completion of transaction. Hence Exhibit B1 the statement of Account produced by the Opposite parties is relied on. Then the balance repayment amount is Rs.40,254.62/- as per Exhibit B1. But the Opposite parties have not issued any notice to the complainant for claiming balance payment. According to the terms of the loan agreement, any notice to the borrower by the lender shall be in writing and posted to the borrowers last known address. The opposite parties failed to sent reply to the lawyer notice issued by the complainant on 18/10/2005. From the above circumstances we are of the view that there is deficiency of service on the part of the Opposite parties . Hence the complaint is allowed.
In the above context we direct the Opposite parties to pay an amount of Rs.15,000/- as compensation and Rs.2,000/- as cost of the proceedings. Order shall be complied within one month from the date of communication of order, failing which the whole amount shall - 4 - carry interest at the rate of 9% per annum. Pronounced in the open court on this the 27th day of March 2009
PRESIDENT (SD)
MEMBER (SD)
MEMBER (SD) APPENDIX
Witness examined on the side of Complainant Nil Witness examined on the side of Opposite party Nil Exhibits marked on the side of the complainant Ext A1 – Copy of statement of payments Ext A2 – Copy of Invoice cum delivery chalan Ext A3 – Copy of certificate of registeration Ext A4 series – Copy of notice sent by complainant on 18/10/05 with postal receipt and acknowledgement. Ext A5 series – Copy of lawyer notice along with postal receipt and acknowledgement
Exhibits marked on the side of the Opposite party
Ext B1 – Copy of detailed account statements Ext B2 – Loan agreement.
Forwarded/By Order
Senior Superintendent
......................Smt.Bhanumathi.A.K
......................Smt.Preetha.G.Nair
......................Smt.Seena.H | | 
