Kerala

Idukki

CC/75/2022

Joshy Sebastian - Complainant(s)

Versus

Kotak Mahindra prime ltd - Opp.Party(s)

25 Oct 2023

ORDER

DATE OF FILING :10/05/2022

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, IDUKKI

Dated this the 25^th day of October 2023

Present :

              SRI.C.SURESHKUMAR                                               PRESIDENT

              SMT.ASAMOL P.                                                          MEMBER

              SRI.AMPADY K.S.                                                        MEMBER

CC NO.75/2022

Between

Complainant                       : Joshy Sebastian, S/o Shaji K.K.,

                                              Kaliyanickal House, Kochara P.O.,

                                              Chettukuzhy, Karunapuram Village,

                                              Udumbanchola Taluk.

                                                        (By Adv.Gigi Dal)

                                                           And

Opposite Parties                     :  1 . The Manager,

                                                        Kotak Mahindra prime Ltd., 4^th Floor,

                                                        Thadikaran Centre, Palarivattom, Cochin.

                                                   2 . The Manager,

                                                         Kotak Mahindra Prime Ltd., Cheruthony.

                                                         

O R D E R

SMT.ASAMOL P., MEMBER

 

Complainant filed this complaint under Sec.35 of Consumer Protection Act 2019.  Brief facts of this complaint are discussed hereunder:- 

1 . Complainants has executed a hire purchase agreement with opposite parties for the purchase of a Maruti Omni car for an amount of Rs.2,90,000/-  on 31/03/2019.  As per the terms of agreement, repayment started on 01/05/2019 and it will end on 01/04/2024.  There will be 60 instalments under this agreement.

2 . Thereafter, complainant had been repaying these instalments regularly till 2021.  He was a welder and the above said vehicle was used for transportation of the materials of his welding works.  But, in the year 2021, complainant has failed to repay the instalments since his work had suffered  due to Covid 19 circumstances.  Therefore, he approached 2^nd opposite party seeking time for repayment of instalments.  But, opposite parties have started to threaten complainant to the effect that legal proceedings would be initiated against him.  Also, threatened that possession of the vehicle would be forcibly taken by them.

Then, complainant approached 2^nd opposite party on 20/04/2022 with one instalment of the repayment due.  But, they demanded whole due amount along with interest and penal charges.  These acts amount to deficiency in service on their part.  Hence this complaint filed.  Complainant has prayed the following reliefs.

1 . Opposite parties may be directed not to collect penal interest and other charges from complainant.

2 . Opposite parties may be ordered not to take forcible possession of the vehicle bearing registration No.KL-69B7460 from complainant unless under due process of law.

3 . Opposite parties may be directed to pay an amount of Rs.10,000/- as cost of this petition.

4 . Such other reliefs just and equitable also may be directed.

Notice to 1^st opposite party was served from this Commission.  Notice of 2^nd opposite party was returned unserved due to the reason that no such addressee in there.  As per the order of this Commission, correct address of 2^nd opposite party was not produced.  Hence 2^nd opposite party was struck off from records.  Though 1^st opposite party received notice, he has not appeared before the Commission or filed written version.  Therefore, this case was posted for complainant’s evidence.  But, complainant was absent and not represented.  Complainant has not filed proof affidavit.  He has not adduced evidence to prove his case.  Complainant has already produced 3 documents along with complaint.  These were marked as Exts.P1 to P3.  Opposite parties were also absent and not represented.  Hence this case was taken for orders.  Now, the points which arise for consideration are:-

1. Whether there was any deficiency in service on the part of opposite parties?
2. If so, what reliefs the complainant is entitled to ?

Points are considered together

We have perused complaint and marked documents Ext.P1 is statement of account, Ext.P2 is repayment schedule and Ext.P3 is copy of RC Book.  According to complainant, after failing to repay the instalments, he approached opposite parties  seeking time to repayment, but opposite parties threatened and demanded whole due amount along with interest and penal charges.  But, there is no evidence adduced by complainant to prove these allegations.  On the perusal of documents, it cannot be seen that opposite parties have neither demanded exorbitant interest of complainant paid any such penal or more interest to opposite parties.  Complainant has not produced copy of demand notice issued from opposite parties.  Moreover, complainant has not alleged that opposite parties have charged penal interest or exorbitant interest from him.  His only allegation is that opposite parties didn’t give time for repayment of instalments.  It is a fact that complainant could not make repayment due to Covid 19 pandemic circumstances, however, opposite parties have right to get the repayment of instalments along with interest as per agreement.  This Commission has no power to order opposite parties not to collect penal interest and other charges from complainant.  No deficiency in service on the part of opposite parties is proved.  Hence, complaint is dismissed without costs.

       Parties shall take back extra copies without delay.

       Pronounced by this Commission on this the 25^th day of October 2023.

                                                                                                                                                                                                                           

                                                                                              Sd/-                                                         

                                                                         SMT.ASAMOL P., MEMBER

                                                                                              Sd/-

                                                                   SRI.C.SURESHKUMAR, PRESIDENT

                                                                                               Sd/-

                                                                           SRI.AMPADY K.S., MEMBER

 

 

APPENDIX

Depositions :

On the side of the Complainant :

Nil

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1   - Copy of statement of account

Ext.P2   - Copy of repayment schedule

Ext.P3   - Copy of RC Book

On the side of the Opposite Party :

Nil

                                          

                                                                                               Forwarded by Order  

 

 

                                                                                        ASSISTANT REGISTRAR