Kerala

Idukki

CC/113/2018

MadhuKumar P V - Complainant(s)

Versus

Kotak Mahindra Pvt Ltd - Opp.Party(s)

Adv.Biju R Naduviledathu

30 Jan 2019

ORDER

DATE OF FILING : 4.6.2018

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 30^th day of January, 2019

Present :

SRI. S. GOPAKUMAR PRESIDENT

SMT. ASAMOL. P MEMBER

CC NO.113/2018

Between

Complainants : 1. Madhukumar P.V.,

Madathil House,

Arakkulam P.O.,

Thodupuzha, Idukki – 686 544.

2. Sreeja P.R.,

Padinjarethayyil House,

Kudayathoor, Thodupuzha,

Idukki – 686 544.

(Both by Adv: Biju R. Naduviledathu)

And

Opposite Party : Kotak Mahindra Prime Ltd.,

4^th Floor, Thadikkaran Centre,

Palarivattom, Kochi – 682 025.

(By Advs: Babichen V. George

& B.S. Sureshkumar)

 

O R D E R

 

SRI. S. GOPAKUMAR, PRESIDENT

 

Case of the complainant is that,

 

First complainant availed a vehicle loan of Rs.2,57,213/- on 23.3.2015 from the opposite party finance and agreed to repay it with 36 monthly instalments at the rate of Rs.9370/- whereas the 2^nd complainant is the guarantor. The complainant regularly paid the monthly instalments out of which only few instalments are paid after the prescribed period. When one instalment was due, the complainant approached the opposite party for remitting the last instalment on 12.5.2018, at that time, opposite party demanded an exorbitant amount of Rs.49,146/- as penal interest and other charges. So the complainant challenged the calculation of the interest and returned from there. Thereafter on 16.5.2018, complainant received a lawyer notice from opposite party demanding to pay Rs.46,146/-. But the

(cont.....2)

- 2 -

complainant was reluctant to pay it, since the calculation of the penal interest and defaulted charges is illegal. Thereafter on 14.9.2018, the complainant remitted the 36^th instalment. Then on 25.9.2018, complainant received a legal notice from the opposite party demanding to pay Rs.51,692/- as loan dues and other charges without having any legal footing. Alleging unfair trade practice in the said act of the opposite party, complainant filed this petition seeking reliefs such as to direct the opposite party to settle the loan account of the complainant by calculating 6% interest in the defaulted instalments and issue NOC of the vehicle having Reg. No.KL-52-8406 Bolero and further direct the opposite party to pay compensation and cost.

 

Upon notice, opposite party entered appearance and failed to file reply version. Evenafter given sufficient chances, opposite party set exparte.

 

The evidence adduced by the complainant by way of proof affidavit and documents. The documents such as the copy of loan account statement, lawyer notice dated 16.5.2018, cash remittance receipt, copy of legal notice dated 25.9.2018 are marked as Exts.P1 to P4 respectively.

 

Heard. The point that arose for consideration is whether there is any deficiency in service from the part of opposite party and if so, for what relief the complainant is entitled to ?

 

The POINT :- We have heard the counsel for the complainant and gone through the records. It is an admitted fact that complainant availed a vehicle loan from opposite party company and paid the entire instalments. Some of the instalments are paid irregularly. At last the last instalment of Rs.9240/- was remitted on 14.9.2018. But through Exts.P2 and P4 legal notices, opposite party demanded a huge amount as default charges. No evidence is produced from the side of opposite party to convince the Forum that how they calculated the default chargers as mentioned in the above legal notice. Eventhough opposite party received the process from this Forum, no effort was taken to counter the allegations against them or resist the averements in the complaint. Hence the Forum is of a considered view that the opposite party admitted the version of the complainant.

(cont.....3)

- 3 -

 

Hence the complaint allowed. Opposite party is directed to calculate the default charges at the rate of 6% interest per annum and settle the loan account and issue NOC of the vehicle having Reg. No.KL-52-8406 within 30 days from the date of receipt of a copy of this order. No order to compensation or cost.

 

Pronounced in the Open Forum on this the 30^th day of January, 2019

 

 

Sd/-

SRI. S. GOPAKUMAR, PRESIDENT

Sd/-

SMT. ASAMOL. P., MEMBER

 

 

APPENDIX

Depositions :

Nil.

Exhibits :

On the side of the Complainant :

Ext.P1 - copy of loan account statement.

Ext.P2 - lawyer notice dated 16.5.2018.

Ext.P3 - cash remittance receipt.

Ext.P4 - copy of legal notice dated 25.9.2018.

On the side of the Opposite Party :

Nil.

 

 

Forwarded by Order,

 

 

 

SENIOR SUPERINTENDENT