Tamil Nadu

South Chennai

CC/173/2015

Er.C.Murugesan , - Complainant(s)

Versus

Kannan Manager, S.R. Finance - Opp.Party(s)

Party in Person

07 Sep 2015

ORDER

                                                                                     Date of Complaint  : 13.04.2015

                                                                                     Date of Order      : 07.09.2015

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT :    THIRU. B. RAMALINGAM, M.A.M.L.,                       :  PRESIDENT                     

                      TMT.K. AMALA, M.A. L.L.B.,                                       :  MEMBER I

                  TR. T.PAUL RAJASEKARAN, M.A PGDHRDI, AIII,BCS : MEMBER II

 

C.C.No. 173 / 2015

THIS MONDAY  THE 7^th   DAY OF SEPTEMBER  2015

 

Mr. C.Murugesan,

Senior Citizen, 70 years,

S/o. Late Chinna Kulandai,

NO.2/11, Sripuram 1^st Street,

Tiruneermalai Road,

Chrompet,

Chennai 600 044.                                                        .. Complainant.

 

- Vs- 1.  Kannan, Manager, S.R.Finance, Flat No.9, S.R. Towers, 45, Warren Road, Mylapore, Chennai 600 004.   2. V.Sekar, Flat NO.9, S.R. Towers, 45, Warren Road, Mylapore, Chennai 600 004.                                               .. Opposite parties.		.. Opposite party.

For the complainant                     :  Party in person    

For the opposite parties                         :   Exparte.

      Complaint under section 12 of the Consumer Protection Act, 1986 for a direction to the opposite parties to pay a sum of Rs.65,000/- towards loan amount with interest  and also to pay a sum of Rs.2,00,000/- for harassing unbearable  mental agony  and also to pay a sum of Rs.20,000/- towards cost of the proceedings to the complainant.

ORDER

THIRU. B. RAMALINGAM, PRESIDENT  

Even after receipt of the notice, the opposite parties did not file written version.  Hence, the opposite parties were set exparte on  25.5.2015.  The complainant filed proof affidavit.  Exhibits A1 to A6 were marked on the side of the complainant, Written arguments of complainant  also filed.

2.      Perused the complaint filed by the complainant and proof affidavit filed by the complainant and documents Ex.A1 to Ex.A6 on the side of complainant and considered the argument on the complainant in person.    The complainant has stated that he has approached the 1^st opposite party in which the 2^nd opposite party is a party to the 1^st opposite party Finance company for getting loan of Rs.1,50,000/-  for which he has executed loan agreement dated 1.11.2013.   Whereas the opposite parties having obtained loan agreement for Rs.1,50,000/- executed by the complainant have disbursed only Rs.65,000/- as loan and also have received cheque for the purpose of collection of the said loan by monthly installments of Rs.10,000/- p.m.  Accordingly the complainant has repaid Rs.10,000/- p.m.  to the opposite party regularly from December 2013 to November 2014 by collection made through the said cheques issued by

the complainant.   Accordingly he has paid Rs.90,000/- till November 2014 and again on 1.11.2014 he has paid Rs.5,000/- through 2^nd opposite party.  According to the complainant the said payment made by the complainant, has entire loan amount with payment of exorbitant interest.     Despite of several demands made by the complainant the opposite parties  have not come forward to furnish the amount and to mention the rate of interest charged for the loan and also not returned the complaint mentioned pension pay order book, TATA AIG  insurance policy, Central Bank of India Pass book, Voter I.D.,  and Gas receipt received in the name of complainant’s wife which were received by the opposite party at the time of advance in the said loan to the complainant as security.   The complainant has further stated that the opposite parties have also issued legal notice dated 20.3.2015 demanding further balance of loan amount of Rs.39,000/- from the complainant which is filed attached with Ex.A6 and have sent their person to the complainant’s house and they threatened the complainant for payment of the said amount forcibly.  As such the opposite parties have committed unfair trade practice and admitted illegal force against the opposite parties for demand of money for illegal gain and also remained without returning the Pension Pay order papers and Insurance policy which were stand in the name of the complainant received by the opposite parties as security for rendering of the  said loan, despite of entire payment has been paid by the  complainant which amount to deficiency of service on the part of the opposite parties.  As such the complainant has claimed the said return of documents and compensation with cost.

3.     The proof affidavit filed by the complainant and the document filed for the repayment of loan by cheques which were reveals by the bank pass book particulars filed by the complainant as Ex.A4 and the notice between the complainant and the opposite parties Ex.A6 are all proves the complainant the above said case mentioned in the complaint.    Contrary to this there is no rebuttal evidence on the side of the opposite parties since the opposite parties have remained exparte in this proceeding and also not clearly stated about the loan borrowed by the complainant even in their notice.  But mere mentioning outstanding balance of Rs.39,000/- as on 20.3.2015 is to be paid by the complainant otherwise he will be liable for legal action.  Further though they were mentioned about the non-payment of loan amount by dishonoring of cheques mentioned no particulars of the said dishonoring cheques has been given in the said notice.  Considering the balance outstanding  payment due as on 20.3.2015 is Rs.39,000/- mentioned in the reply notice issued by the opposite parties  clearly shows that as mentioned by the complainant though the opposite parties have obtained loan agreement for Rs.1,50,000/- they have not paid the said loan amount to the complainant.     The complainant has paid from December 2013 to November 2014 Rs.10,000/- p.m. totaling Rs.90,000/- and also paid  Rs.5,000/- by cash on 1.11.2014.  Considering the above payment said to have been paid by the complainant to the opposite parties for the loan of Rs.65,000/- the opposite parties have collected exorbitant interest for the said loan from the complainant is also acceptable.  Therefore as contended by the complainant that the opposite party being the Finance Company have committed unfair trade practice and also deficiency of service by not returning the Pension pay order papers and the Insurance policy standing in the name of the complainant which were collected by the opposite parties as a security for the loan, despite of return of loan made by the complainant.  

4.     Therefore we are of the considered view that the opposite parties are jointly and severally   directed to return the complaint mentioned Pension Pay Order papers and Insurance policy  standing in the name of complainant which were received by the opposite parties as a security for the loan to the complainant and also to pay a sum of Rs.25,000/- as just and reasonable compensation for mental agony and also to pay  a  sum of Rs.2500/- as litigation expenses to the complainant.

In the result, the complaint is partly allowed.   The   opposite parties are jointly and severally   directed to return the complaint mentioned Pension Pay Order papers and Insurance policy  standing in the name of complainant which were received by the opposite parties as a security for the loan to the complainant and also to pay a sum of Rs.25,000/- (Rupees twenty five thousand only) as compensation for mental agony and also to pay  a  sum of Rs.2500/- (Rupees two thousand and five hundred only) as litigation expenses to the complainant within six weeks from the date of this order failing which the compensation amount of (Rs.25,000/) shall carry interest at the rate of 6% per annum from the date of order  passed till the date of realization.

      Dictated to the Assistant  transcribed and typed by her corrected and pronounced by us on this the 7^th    day of  September  2015.

 

MEMBER-I                                        MEMBER-II                                            PRESIDENT.

Complainant’s side documents :

Ex.A1-           -        - Copy of Police Complaint.

Ex.A2-           -        - Copy of CRS NO.155 / 2015 order copy.

Ex.A3-                    -        - Copy of complaint by the complainant to the Police Station,

                                  Abiramapuram.

 

Ex.A4-                    -        - Copy of Bank Pass book.

Ex.A5-             20.3.205      - Copy of notice sent by the opposite parties to the complainant.

Ex.A6-     26.3.2015 - Copy of reply notice by the complainant to the opposite party.

 

Opposite parties’  side documents : -    Nil  (Exparte)

 

MEMBER-II                                       MEMBER-II                                PRESIDENT.