DATE OF FILING :16/11/16
IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Dated this the 27th day of February 2018
Present :
SRI. S. GOPAKUMAR PRESIDENT
SRI. BENNY. K. MEMBER
CC NO. 321/2016
Between
Complainant : 1 . Asharaf K.A.,
Kothachirayil House,
Nedumkandam P.O.,
Minor City,
Idukki District – 685 553.
2 . K.A.Abdulsalam,
Kothachirayil House,
Nedumkandam P.O.,
Minor City.
(Both By Adv: Vikraman Nair N.G.)
And
Opposite Party : 1 . Indus Ind Bank Ltd.,
Kattappana,
Kattappana P.O.,
2 . Indus Ind Bank Ltd.,
Gowri Narayanan 40/8200
Opposite Jayalakshmi Silks,
M. G. Road, Kochi – 682 035.
O R D E R
SRI. S. GOPAKUMAR (PRESIDENT)
The fact of the case that,
The complainant availed a vehicle loan from the first opposite party on 22/06/13 for purchasing a Renault Logan Car. The loan amount was Rs.325000/- and the complainant agreed to pay the loan along with interest in 34 monthly instalments. The total loan amount along with interest is to be repaid was Rs.41,7628/- and monthly instalment was 12,290/-. The repayment was started on 21/07/13 and ending on 21/04/16. At the time of availing loan the complainant had paid Rs.5000/- as advance payment but it was not
(Cont.....2)
-2-
accounted. When the complainant was repaying the loan regularly, the vehicle met with an accident on 17/03/14 and sustained heavy damage. Due to that for the last two years the vehicle was out of road and even then the complainant remitted the loan instalments regularly.
The complainant further stated that he repaid an amount of Rs.458000/- towards the loan account and till date they has not issued the Non- Liability Certificate, even though he approached them so many times. At the time of last payment ie, on 17/03/16 the opposite parties assured that this Non-Liability certificate will be issued within one week.
At last on 22/07/16 the complainant approached the first opposite party and requested for the statement of account of the said vehicle loan, and as per the statement, complainant noticed that he had paid an amount of Rs.40691/- more than the agreed amount. Meanwhile on 01/09/2016 the complainant received a notice from the second opposite party demanding for repaying Rs.80100/- being the loan dues within 7 days, failing which they repossess on the vehicle. This act of the opposite parties bank amounts to gross deficiency in service and unfair trade practice. Against this complainant filed this petition for getting relief such as to restrain opposite parties from forcible possession of the vehicle bearing Reg. No. KL/25B/5969, and also direct them to issue Non-Liability Certificate and other consequential relief.
On notice opposite parties entered appearance and filed detailed reply version. In their version opposite parties contended that, the advance amount of Rs.5000/- which received from the complainant as adjusted toward processing and documentation charges and this amount was not against the repayment of loan. The opposite parties further contended that complainant became a defaulter from the second EMI onwards. In 2014 when the loan account fell into NPA status opposite parties bank initiated proceedings under the SARFAESI Act and filed CMP before the CJM Court, Thodupuzha and repossessed the vehicle. The same was released to the complainant on payment of some amount. The opposite parties also denied the total payment of Rs.458000/- and also denied that, they had not given any assurance of issuing Non-Liability Certificate as stated in the complaint. Opposite parties further contended that on several times directly and by notice informed the complainant that there is still huge amount is due from him and requested him
(Cont.....3)
-3-
to clear the dues, but the complainant never cared to heed. The complainant never replied for this notice and the opposite parties bank has not collected an excess amount of Rs.40691/- from the complainant as stated. The complainant has no cause of action against the opposite parties and there is no deficiency in service from their part.
Evidence adduced by the complainant by way of proof affidavit and documents. Complainant was examined as PW1 and Ext.P1 to P7 were marked. Ext.P1 is the copy of statement of accounts, Ext.P2 is the copy of notice dated 01/09/16, Ext.P3 is the copy of bills, Ext.P4 and Ext.P5 are the copy of demand notice dated 01/12/16, Ext.P6 is the copy of demand notice dated 06/03/17, Ext.P7 is the copy of loan agreement. From the opposite parties no oral or documentary evidence is produced.
Heard both side,
The point that arose for consideration is whether there is any deficiency in service from the part of opposite parties, and if so, for what relief the complainant is entitled to ?
The Point:- We have heard the learned counsel for both sides and have also gone through the records of the case. It is an admitted fact that complainant availed a loan from opposite parties bank and paid an amount of Rs.458000/- as per Ext.P1 statement of account. At the same time it is also noted that complainant was defaulted some instalments and some of the cheques which he was issued for payment was dishonoured and some other instalment that he had paid was after the stipulated period. Due to that the opposite parties bank calculated some excess interest and cheque collection charges in this account. So the statement of the complainant that he paid an additional amount of Rs.40691/- towards this account is unsustainable. Apart from that the complainant concealed fact of repossession of the vehicle in the year 2014, through the CJM Court, Thodupuzha. This averment of the opposite parties has not denied by the complainant. In the written version opposite parties further stated that they released the vehicle to the complainant by receiving some money in their account. On going through the documents produced by the complainant it is seen that through Ext.P2 notice dated 01/09/16, the opposite parties demanded an amount of Rs.80100 towards loan dues from
(Cont.....4)
-4-
the complainant and other notices show that they initiated arbitration proceedings against him and the complainant appeared before the arbitration and filed objection. As per Ext.P4 the Arbitration proceedings are initiated against the complainant on 01/12/16 and it is after filing this complaint and it is not binding this Forum.
Even though opposite parties filed detailed objection in this matter has not produced any evidence to corroborate their averments. Through Ext.P3 notice opposite parties demanded an amount of Rs.80,100/- being the loan dues from the complainant, but no corresponding evidence is produced. Hence without valid evidence the version of the opposite parties cannot be admissible. At the same time complainant entered the box and filed proof affidavit and related documents for establishing his plea. Hence absence of sufficient evidence from the part of the opposite parties to show that there is some amount is outstanding in the loan account of the complainant, cannot be admissible and the Forum is of a considered view that the amount which was remitted by the complainant in this loan account is sufficient to close the loan. As per the Ext.P1 loan account statement the last instalment was due on 21/04/16. But as per the documents complainant remitted an amount of Rs.458316.95/- up to 28/03/16, and the opposite parties having no right to demand any amount in addition to it.
In view of the above discussion, the complaint is allowed. Opposite parties are directed to close the loan account of the complainant and issue Non-Liability certificate of the above loan transaction to the complainant within 30 days from the date of receipt of copy of this notice. No cost or compensation is ordered.
Pronounced in the Open Forum on this the 27th day of February, 2018.
Sd/-
SRI. S. GOPAKUMAR (PRESIDENT)
Sd/-
SRI. BENNY. K. (MEMBER)
(Cont.....5)
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APPENDIX
Depositions :
On the side of the Complainant :
PW1 - K.A. Abdulsalam
On the side of the Opposite Party :
Nil
Exhibits :
On the side of the Complainant :
Ext.P1 - The copy of statement of accounts
Ext.P2 - The copy of notice dated 01/09/16
Ext.P3 - The copy of bills
Ext.P4 - The copy of demand notice dated 01/12/16
Ext.P5 - The copy of demand notice dated 01/12/16
Ext.P6 - The copy of demand notice dated 06/03/17
Ext.P7 - The copy of loan agreement.
On the side of the Opposite Party :
Nil.
Forwarded by Order,
SENIOR SUPERINTENDENT
