BEFORE THE DISTRICT FORUM:KURNOOL
Present: Sri.T.Sundara Ramaiah , B.Com B.L., President
And
Sri. M.Krishna Reddy , M.Sc.,M.Phil., Male Member
Tuesday the 04th day of May , 2010
C.C.No. 180/08
Between:
A.Yella Subbarayudu, S/o. A. Swamanna,
R/o. D.No.3-315, Byramal Street, Nandyal. …Complainant
-Vs-
1. G.M.Motors, Represented by its Proprietor-Cum-Dealer,
D.No.25/444, Sanjeevanagar Gate, Nandyal-518501
2. M/s. HDFC Bank Limited, Represented by its Branch Manager,
D.No.94, Minerva Complex, F-416, 4th floor, Sarojini Devi Road, Secunderabad- 500 003. …Opposite PartieS
(Ammended as per order in I.A.No.431/2008 dated 05/01/09).
This complaint is coming on this day for orders in the presence of Sri.M.Sivaji Rao , Advocate, for complainant , and Sri.B.Amanath, Advocate for opposite party No. 1 and Sri.A.Sivaramaiah, Advocate for opposite party No.2 and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri. T.Sundara Ramiah, President)
C.C. No.180/08
1. This complaint is filed under section 11 and 12 of the C. P. Act, 1986 praying
a) to direct the OP.No.2 to issue the clearance certificate/no objection certificate immediately .
b) to pay a sum of Rs.20,000/- towards the compensation for causing mental agony and hardship
c) to pay the costs of the complaint.
d) to order any other relief or reliefs that are deems to be fit and proper in the circumstances of the case.
2. The case of the complainant in brief is as follows:- The complainant purchased one Yamaha motor cycle from OP.No.1 by availing loan amount of Rs.18,000/- and Rs.2,000/- towards interest from OP.No.2 under hire purchase agreement. The complainant submitted 12 post dated cheques of Andhra Bank , Nandyal bearing Nos 0998427 to 0998438 to OP.No.2 , towards the 12 installments @ Rs.1,667/- per month . The OP.No.2 submitted the cheques to Andhra Bank and they are duly honored by the banker of the complainant . After completion of the 12 months period the complainant met OP.No.2 and requested to issue clearance certificate ,to enable the complainant to register the vehicle in his name. OP.No.2 refused to issue clearance certificate stating cheque bearing No.0998437 was not honoured and insisted the complainant to pay cheque amount of R.s1,667/- . The manager of Andhra Bank informed the complainant that OP.No.2 encashed all the cheques . OP.No.2 informed that they have last one cheque and requested to pay the cheque amount. There is no negligence on the part of the complainant . The negligence on the part of the OP.No.2 . Hence the complaint.
3. OP.No.1 filed statement stating that complaint is not maintainable . OP.No.1 sold the Yamaha Motor Cycle to the complainant. The complainant dragged OP.No.1 unnecessarily into the litigation. The complaint against OP.No.1 is not maintainable and is liable to be dismissed.
4. OP.No.2 filed separate written version stating that the complaint is not maintainable. On 21-07-2006 the complainant availed loan of Rs.18,000/- under hypothecation agreement and agreed to pay the loan amount with interest in 12 installments @ Rs.1,667/- per month. Accordingly the complainant issued 12 post dated cheques . The complainant is aware that the cheque bearing No.0998437 was dishonoured as funds insufficient in the account of the complainant . The OP.No.2 demanded the complainant to pay the dishonoured cheque but the complainant failed to pay the same. There is no deficiency of service on the part of the OP.No.2 . The complaint is liable to be dismissed.
5. On behalf of the complainant Ex. A1 to A3 are marked . On behalf of the opposite parties Ex.B1 and B2 are marked.
6. On the basis of the above pleadings the points that arise for consideration are
(i) whether there is any deficiency of service on the part of the
respondents/ opposite parties ?
(ii) Whether the complainant is entitled to the relief as prayed
for?
(iii) To what relief?
7. Point No.1 & 2: Admittedly the complainant purchased Yamaha Motor cycle from OP.No.1 on 21-07-2006 by availing loan of Rs.18,000/- from OP.No.2 under hire purchase agreement. There is no dispute about the purchase of Yamaha motor cycle by the complainant from OP.No.1 by availing loan of Rs.18,000/- from OP.No.2 under hire purchase agreement dated 21-07-2006 . The complainant issued 12 post dated cheques of Andhra Bank to OP.No.2 towards the payment of 12 installments @ Rs.1,667/- is also not under dispute. It is also admitted that all the cheques issued by the complainant to OP.No.2 were encashed except the cheque bearing No. 0998437 for an amount of Rs.1,667/- .
8. It is the case of the complainant that all the 12 cheques issued by him were encashed by OP.No.2 and that OP.No.2 refused to issue clearance certificate to enable him to obtain registration certificate in his name. The complainant filed Ex.A2 statement of account for the period from 01-01-2007 to 30-11-2007of complainants S.B account in Andhra Bank , Nandyal . As seen from the entries in Ex.A2 it is very clear that the cheque bearing No.0998437 was not encashed by OP.No.2 . The contention of the complainant that OP.No.2 received the entire amount due to him cannot be accepted in the light of the entries in his statement of the account of the complainant . It is also the contention of the OP.No.2 that the cheque bearing No.0998437 was presented for encashment and the same was dishonoured by Andhra Bank for want of sufficient funds. OP.No.2 also did not place any evidence to show that the cheque bearing No.0998437 was presented and the same was dishonored by Andhra Bank , Nandyal for want of sufficient funds in the account of the complainant . OP.No.2 did not give any explanation for its failure to file the dishonoured cheque . During the course of arguments it is submitted by the learned counsel appearing for the OP.No.2 that the bank has no objection to issue clearance certificate on receipt of the cheque amount of Rs.1,667/- . The learned counsel appearing for the complainant also during the course of arguments admitted that the cheque amount of Rs.1,667/- was not received by the OP.No.2. To meet the ends of justice I think it is just and proper to direct OP.No.2 to issue clearance certificate on receipt of Rs.1,667/- from the complainant .
9. Admittedly the complainant purchased the motor cycle from OP.No.1 It is the contention of OP.No.1 that the complainant unnecessarily dragged it to litigation. It is not the case of the complainant that there was deficiency of service on the part of OP.No.1 . The OP.No.1 received the amount and delivered the vehicle to the complainant. The complainant has not asked any relief against OP.No.1. OP.No.1 is unnecessarily added in this case. The complaint against OP.No.1 is liable to be dismissed.
10. The complainant is partly allowed directing the OP.No.2 to issue clearance certificate to the complainant on receipt of Rs.1,667/- from the complaint within six months from the date of order. The complaint against OP.No.1 is dismissed.
Dictated to the stenographer, transcribed by her , corrected and pronounced by us in the open bench on this the 04th day of May , 2010.
Sd/- Sd/-
MALE MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant : Nil For the opposite parties :Nil
List of exhibits marked for the complainant:-
Ex.A1 Attested Xerox Copy of Registration Certificate of Vehicle bearing No.AP21NO281.
Ex.A2. Statement of Account for the period from 01-01-2007 to 30-11-2007 of Complainant Account in Andhra Bank, Nandyal.
Ex.A3. Office copy of legal notice dated 21-01-2008 along with
Postal receipt and acknowledgement.
List of exhibits marked for the opposite parties:
Ex.B1. Attested copy order of Reserve Bank of India dt.20-05-2008
Ex.B2. Attested copy of Power of Attorney dt.16-07-2008.
Sd/- Sd/-
MALE MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties
Copy was made ready on :
Copy was dispatched on:
