Telangana

Mahbubnagar

CC/09/46

S. Srinivasulu S/o late S. Krishnaiah, O/c Clerk in C.V. Raman High School, - Complainant(s)

Versus

Magma Sharachi Finance Ltd., Hyderabad - Opp.Party(s)

Sri M. Chennaiah Goud

03 Feb 2010

ORDER

BEFORE THE DISTRICT CONSUMER FORUM AT MAHABUBNAGAR

       Friday, the 30^th day of October, 2009

                  Present:-   Sri  T. Ashok Kumar, M.A., LL.B., I  Addl. Dist. & Sessions  Judge-cum-FAC President

          Sri P.Venkateshwar Rao, B.Com. LL.B., Member

                                  Smt. B.Vijaya Kumari, M.Sc. B.Ed., C.C.P., Member                      

C.C.NO. 46  Of   2009

Between:-

S. Srinivasulu S/o late S. Krishnaiah, age: 37 years, Occ: Clerk in C.V. Raman High School, R/o Wanaparthy, Mahabubnagar District.                                                                                                                                                                                  … Complainant

And

Magma Sharachi Finance Ltd., its Regional office (AP) Room No.301 & 302, 3^rd floor, Mandhana towers, 7-1-59/2 & 59/6, beside Athithi Inn Hotel, Dharam Karam Road, Ameerpet, Hyderabad-500016.

                                                                                                                                                                                … Opposite Party

 This C.C. coming on before us for final hearing on 25-09-2009 in the presence of Sri M. Yogeshwar Raj Yadav, Advocate, Mahabubnagar for the complainant and the opposite party having been set exparte and having stoodover for consideration till this day, this Forum delivered the following:    

O R D E R

(Smt. B.Vijaya Kumari, Member)

1.   This is a complaint filed U/s 12 of C.P. Act, 1986 by the complainant   praying this Forum to direct the OP to refund the amount of Rs.19,963/- with interest @ 36% p.a. from the date when paid till realization and to pay Rs.25,000/- towards mental agony and financial stress, Rs.20,000/- towards compensation and Rs.3,000/- towards costs of the complaint. 

2.   The complaint averments are as follows:- The complainant has availed a loan from the opposite party under the Hire Purchase Agreement dated 31.5.2004 for the purchase of TATA 407 city ride vehicle. The complainant has paid installments regularly through demand drafts of agreed EMIs.   On 31^st December, 2007 the opposite party issued a notice to the complainant stating that they did not receive D.D.No.285893 for Rs.12,250/- dated 28.7.2004 drawn on S.B.H. Hyderabad, payable to their Jr. partner HDFC Bank Ltd., and also informed the payment of outstanding installment amount as on 15.12.2007, Rs. OD + 12,250/- OPC penal charges Rs.8,000/- as on 30.11.2008 and total outstanding Rs.20,250/-.   After receiving the said notice the complainant went to the opposite party on 17.1.2008 and paid the amount of Rs.19,963/- vide receipt No.2565330, book No.C52812. After payment the complainant approached SBH, Wanaparthy and informed that the original D.D.No.285893 of Rs.12,250/- was lost and not drawn the said amount and requested for duplicate D.D.  The said bank has issued duplicate D.D. bearing No.676793, dated 9.1.2008 for Rs.12,250/- in favour of HDFC Bank payable at Hyderabad in lieu of original D.D. bearing No.285893.   Inturn the complainant got cancelled the duplicate D.D. and encashed the said D.D. of Rs.12,250/- from the branch furnishing indemnity bond with two guarantors.  Later that the SBH, Wanaparthy branch came to know through its service branch, Hyderabad that the original D.D.No.285893 amount has been cleared on 2.8.2004.    The said bank issued personal notice to the complainant on 16.6.2008 and requested to return the amount encashed by the complainant through duplicate D.D. of Rs.12,250/- on 9.1.2008 with interest immediately to solve the problem.   Again on 18.7.2008 the said bank issued legal notice through their counsel to refund the said amount.   Later the complainant remitted the said amount to the bank and the same was informed to the opposite party through a notice dated 16.9.2008 and that the same was served.   Even after receipt of the notice the opposite party has not given any reply.    Due to the attitude of the opposite party the complainant has lost goodwill in the bank and suffered much mental pain and agony for which the opposite party is liable to pay compensation.   The acts of the opposite party for collecting double amount for only single installment towards July, 2004 amounts to unfair trade practice and also amounts to deficiency of service for which the opposite party is liable to pay compensation and costs.  Hence the complaint.   

3.    The opposite party is remained exparte.     

4.    The complainant filed his affidavit and got marked Exs.A-1 to A-9.

5.  The point which falls for consideration is whether the complainant is entitled to the reliefs as prayed for?

6.   The opposite party remained exparte.   The allegations in the complaint remain uncontradicted.  In addition to the affidavit, the complainant filed certain documents to prove his case which are marked as Exs.A-1 to A-9.   According to the complainant he has paid double amount with interest for only single installment.  The complainant alleged that the opposite party received double payment towards July monthly installment and OP also collected additional amount of Rs.8,000/- under penal charges without any default or late payment on the part of complainant.   Thus the acts of OP amount to unfair trade practice and also deficiency of service for which the OP is liable to pay compensation.  According to the complainant he obtained loan from OP for purchasing of vehicle TATA 407 city ride under hire purchase agreement on 31.5.2004.  As per agreement the complainant has paid loan amount in equal monthly installments through D.D. for Rs.12,250/- per installment.   The complainant has paid installments regularly from the date of obtaining the loan.  On 28.7.2004 the complainant drawn D.D.No.285893 from SBH, Hyderabad for Rs.12,250/- towards July month installment amount payable at Jr. Partner of HDFC Bank Ltd., vide Ex.A-6 and sent the D.D. to the opposite party vide Ex.A-5. On 31.12.2007 the opposite party issued a notice to the complainant vide Ex.A-2 stating that they did not receive D.D.No.285893 dt. 28.7.2004 for Rs.12,250/- towards July month installment and also informed the complainant to pay the installment amount with penal amount totaling to Rs.20,250/- as on 30.11.2007, failing which the OP shall take further steps in accordance with the terms and conditions of the agreement vide Ex.A-2.  Hence the complainant again paid the installment amount of Rs.12,250/- along with penal charges totaling to Rs.19,963/- on 17.1.2008 and obtained receipt No.2565330, book No.C52812 vide Ex.A-3.  At the same time the complainant informed to SBH branch that the D.D.No.285893 was lost and not encashed the D.D. amount of Rs.12,250/-.  Simultaneously the SBH branch issued duplicate D.D. bearing No.676793, dt.9.1.2008 for Rs.12,250/- in lieu of original D.D. bearing No.285893.  After that the complainant cancelled the duplicate D.D. and encashed the D.D. amount of Rs.12,250/- from the branch by furnishing indemnity bond with two guarantors.  On 16.6.2008 the said SBH branch issued personal letter vide Ex.A-9 and on 18.7.2008 issued legal notice vide Ex.A-8 to the complainant.  In this connection that the original D.D.No.285893 was paid to the OP on 2.8.2004 and requested to pay the amount of Rs.12,250/- along with interest immediately which was encashed by the complainant through D.D.No.676793 on 9.1.2008.   The complainant remitted the amount to the bank and it was informed to the OP through notice dt.16.9.2008 vide Ex.A-7 and the same was served vide Ex.A-4.    

    As per Ex.A-3, Ex.A-8 and Ex.A-6, it is clear that the complainant has paid double amount for only single installment towards July, 2004 installment.   As per Ex.A-8 the OP encashed the D.D.No.285893 for Rs.12,250/- on 2.8.2004 towards July, 2004 monthly installment.  As per Ex.A-8 and Ex.A-6, it is clear that the complainant has paid installment amount in time without late.  Again the OP issued notice on 31.12.2007 vide Ex.A-2 for the payment of outstanding amount towards July, 2004 installment with penal total amount of Rs.20,250/- and collected the amount of Rs.19,963/- from the complainant on 17.1.2008 as per Ex.A-3.   As per Ex.A-3 which clearly shows that the OP collected installment amount with penal charges from the complainant towards July, 2004 installment which was already paid on 28.7.2004 proves the negligence on the part of OP.   Even after receipt of the notice vide Ex.A-7 the OP did not give any response towards the payment of additional amount collected from the complainant which amounts to deficiency of service on the part of OP.  We, therefore, hold that the opposite party is liable to pay Rs.19,963/- which was collected by the opposite party from the complainant towards the additional amount for July, 2004 installment together with interest thereon at 9% p.a. from 17.1.2008 till the date of payment.  We further hold that as the interest is awarded on the said amount payable to the complainant by the OP, the complainant is not entitled for any further amount as compensation.  However, the complainant is entitled to Rs.1,000/- towards costs of the proceedings.          

 7.   In the result, the complaint is partly allowed. The opposite party is directed to pay Rs.19,963/- together with interest thereon @ 9% p.a. from 17.1.2008 till the date of payment and Rs.1,000/- (Rupees one thousand only) to the complainant towards the costs of the proceedings within one month from the date of receipt of this order.  Rest of the claims of the complainant are disallowed.

        Typed to dictation, corrected and pronounced by us in the open Forum  on this the 30^th day of October, 2009.           

        

               MEMBER                                MEMBER                        PRESIDENT (FAC) 

     Appendix of evidence

       Witness examined

For complainant: Nil                                                 For opposite party:  Nil

Exhibits marked for Complainant:-  

Ex.A-1:   Letter issued by the complainant, Dt.20.4.2009.

Ex.A-2:   Copy of notice issued by OP, Dt.31.12.2007.

Ex.A-3:   Original Cash Receipt, Dt.17.01.2008.

Ex.A-4:   Courier Receipt, Dt.16.9.2008.

Ex.A-5:   Courier Receipt, Dt.28.7.2004.

Ex.A-6:   Xerox copy of D.D., Dt.28.7.2004.  

Ex.A-7:   Notice issued by the complainant.

Ex.A-8:   Legal Notice, Dt.18.7.2008.

Ex.A-9:   Letter issued by SBH, Wanaparthy branch, Dt.16.6.2008.

Exhibits marked for OP.:-   

     - Nil-

By the Forum:

     - Nil-

                                                                                                                                                                                                                                                                                                           PRESIDENT (FAC)

Copy to:-

1. Sri M. Yogeshwar Raj Yadav, Advocate, Mahabubnagar for the complainant.
2. Magma Sharachi Finance Ltd., its Regional office (AP) Room No.301 & 302, 3^rd floor, Mandhana towers, 7-1-59/2 & 59/6, beside Athithi Inn Hotel, Dharam Karam Road, Ameerpet, Hyderabad-500016.