By Sri.M.S. Sasidharan, Member:
The complainant has availed a hire purchase loan from the Centurian Bank to purchase a Bajaj Discover bike. Later the Centurian Bank was amalgamated with the respondent bank. The original RC book is with the respondents. The complainant used to pay the instalments promptly. The complainant has remitted Rs.39,104/- towards the loan and he paid a lump sum amount of Rs.10,000/- at the time of availing the loan. The complainant remitted the earlier instalment in the Centurian Bank. But the amount remitted in the Centurian Bank was not accounted by the respondent bank and thereby to collect excess amount from the complainant. The respondent is threatening that an amount of Rs.29,810/- is due from the complainant and the vehicle will be seized if the amount is not remitted. Hence the complaint filed.
2. The counter averments are that it is not correct that the respondents try to collect excess amount from the complainant. The respondent denies that the complainant remitted Rs.49,104/- towards the loan account. The complainant had to pay Rs.30,422/- towards the loan amount as on 10.2.2009 and the complaint is filed to run away from the liability. Hence dismiss the complaint.
3. The point for consideration is whether the complainant is entitled to get the relief sought for?
4. The evidence consists of the oral testimony by the PW1 and Exts. P1, P2 series and Exts. R1.
5. Points: The complainant’s case is that he has remitted the earlier instalments to repay the loan in the Centurian Bank. After the amalgamation of the Centurian Bank with the respondent bank the amount remitted in the Centurian Bank were not properly accounted. The respondents are demanding excess amount and threatening to seize the vehicle if the amount demanded is not remitted. The respondents denied all these. They have denied that the complainant has remitted Rs.49,104/- towards the loan account. They have further stated that an amount of Rs.30,422/- is due from the complainant as on 10.2.2009.
6. The complainant or the respondent did not produce a copy of the loan agreement. The complainant is examined as PW1. PW1 has admitted that the loan was availed as per the condition laid in the hire purchase agreement. He has also admitted that the disputed vehicle is at his custody.
7. The complainant has not stated the amount of loan availed by him. However Ext. R1 reveals that the amount of finance was Rs.43,780/- and the period of loan terminates on 5.8.08. It is revealed that an amount of Rs.37,933/- is due from the complainant. It is also revealed that the payment as per Ext. P2 series receipts were properly accounted and also seen that the cheques given by the complainant have been bounced 19 times. Since the complainant has not disputed Ext. R1 statement he is liable to pay the amount due from him to close the loan account.
8. In the result the complaint stands dismissed.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 31st day of October 2012.
