BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI.P.V.JAYARAJAN                                             : PRESIDENT

SMT. PREETHA G. NAIR                                       : MEMBER

SRI. VIJU V.R                                                           : MEMBER

C.C. No. 452/19 Filed on 17/12/2019

ORDER DATED: 15/03/2022

The order delivered on 15/03/2022.

ORDER

SRI. VIJU V.R : MEMBER

The complainant has presented this complaint before this Commission under Section 12 of the Consumer Protection Act 1986.  The case of the complainant is that she has availed a two wheeler loan on 28/9/2016 from 1^st opposite party.  The loan with a term of 36 months expired on 5/10/2019.  Due to some unforeseen reasons complainant was not able to pay EMI of 5/10/2019.  The complainant received information on 25/10/19 about this from one of the representative of 1^st opposite party.  When she approached the 1^st opposite party, the general manager asked her to pay an EMI of Rs.2456/-, a fine of Rs.550/-, Rs.1180/-as per RBI rule & Rs.1134/- as the total fine.  The 1^st opposite party without the knowledge of the complainant insured the loan amount of the complaint & the premium for that was added with the EMI amount.  The 1^st opposite party has withdrawn only Rs.2456/- from the account of the complainant as per agreement & a penalty in the name of AFC was added to the loan for the reason that the complainant did not pay the excess amount.  The 1^st opposite party has not informed the complainant about the changes that are made in the loan which is not in accordance with the agreement.  The complainant has sent a complaint through e-mail to the 2^nd opposite party, but there was no response from the 2^nd opposite party, hence this complaint.

Even though the opposite parties 1 &2 received notice, they did not appear before this commission and the opposite parties 1&2 were set ex parte.

Issues to be ascertained:

1. Whether there is any unfair trade practice or deficiency in service from the side of opposite parties 1 & 2 ?
2. Whether the complainant is entitled to get the reliefs?

Issues (i) & (ii):  Both these issues are considered together for the sake of convenience. The complainant has filed affidavit in-lieu of chief examination and has produced 4 documents which were marked as Ext. P1 to P4.  Complainant alleges that there is unfair trade practice from the side of 1^st opposite party.  The 1^st opposite party is bound to inform the complainant if any changes are made in the loan which is not in accordance with the agreement.  But the 1^st opposite party has not informed the complainant about the changes. The opposite party did not turn up, hence the deposition of the complainant stands unshaken and there is nothing to rebut the evidence put forth by the complainant.  Since the 2^nd opposite party being the head office of 1^st opposite party they are also liable for the act done by the 1^st opposite party.  From the documents produced by the complainant, we find that the complainant has succeeded in proving her case and there is unfair trade practice from the side of 1^st opposite party.  2^nd opposite party is also vicariously liable for the act done by the 1^st opposite party. Hence the opposite parties 1 &2 are liable to compensate the complainant.

In the result, the complaint is allowed. The opposite parties 1&2 are jointly & severally directed 

1. To give the details to the complainant regarding the changes made in the agreed amount.
2. To return the insurance amount along with the penalty charged that are made in the agreement without the knowledge of the complainant.
3. To give NOC to the complainant.
4.  Pay Rs. 5,000/- as compensation to the complainant for the mental agony suffered by the complainant and Rs. 2,500/- towards the cost of the proceedings within one month from the date of receipt of this order failing which the amount except cost carries interest @ 9% per annum from the date of order till realization. 

A copy of this order as per the statutory requirements is 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 15^th  day of March, 2022.    

Sd/-

                                                P.V.JAYARAJAN                 : PRESIDENT

          Sd/-

PREETHA G. NAIR             : MEMBER   

 Sd/-

                                                                 VIJU V.R                           : MEMBER   

                                                C.C.No.452/2019

APPENDIX

I           COMPLAINANT’S WITNESS:

                                 NIL

II          COMPLAINANT’S DOCUMENTS:

III         OPPOSITE PARTY’S WITNESS:

                                                NIL

IV        OPPOSITE PARTY’S DOCUMENTS:

                        NIL

                                                                                                                  Sd/-

PRESIDENT