DATE OF FILING : 21.07.2010
BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Dated this the 22nd day of October, 2010
Present:
SRI.LAIJU RAMAKRISHNAN PRESIDENT
SMT.SHEELA JACOB MEMBER
SMT.BINDU SOMAN MEMBER
C.C No.158/2010
Between
Complainant : Lilly Thomas,
Punchayil House,
Vagamon P.O,
Vagamon,
Idukki District.
(By Adv:Lissy M.M)
And
Opposite Parties : 1. Magmafincorp Limited,
2nd Floor, Padinjarekkara Building,
Baker Junction,
Kottayam.
(By Advs: Philip.T.Varghese & S.Sarath)
2. Sharachi Infrastructure Finance Limited,
C.C 29/27 J, 2nd Floor,
Meppillil Building,
Near Janatha Junction,
S.A Road, Cochin – 19.
3. Citi Corp Finance India Limited,
C/o Quality Management Service,
37/520, Temple Road,
Behind Varkey's Super Market,
Kadavanthra P.O,
Cochin – 20.
(By Advs: K.J.Thomas & Sijimon.K.Augustine)
O R D E R
SRI.LAIJU RAMAKRISHNAN(PRESIDENT)
The complainant purchased a new 709 Tempo lorry bearing Reg.No.KL-06C-6224 by availing a loan of Rs.4,48,134/- from the 3rd opposite party. The staff of the 3rd opposite party came to the residence of the complainant at Vagamon and an agreement was executed there. It was agreed to pay Rs.12,590/- each as monthly instalment for the repayment of the loan. At the time of availing the loan, the complainant was asked to entrust the NOC of the vehicle to the opposite party, in addition to that the complainant was asked to give three blank cheque leaves and a stamp paper worth Rs.50/- as security for the transaction and those were given by the complainant to the opposite party. The complainant was making regular payment to the opposite party and had paid 46 instalments. Upto 31.01.2009, the complainant had paid Rs.5,79,140/- to the opposite party and thus the full amount was paid by the complainant. After paying the entire amount, the complainant had approached the opposite parties and demanded to return back the NOC of the vehicle for producing before the Transport authorities. But the opposite parties refused to hand over the NOC, three cheque leaves and stamp paper worth Rs.50/- but they demanded Rs.6,000/- more from the complainant to close his hire purchase agreement. On 19.02.2010 the complainant had paid Rs.6,000/- to the opposite parties, thus the complainant paid a total amount Rs.5,85,140/- to the opposite party. After receiving the amount, again the opposite parties refused to hand over the NOC and other documents to the complainant. Since the NOC was not handed over to the complainant, she was not able to renew the permit of the vehicle and not able to ply the vehicle for the last 4 months. So the complainant sustained a loss of Rs.75,000/-. So the petition is filed for getting the NOC, 3 cheque leaves and stamp paper worth Rs.50/- from the opposite party and also for a compensation to the tune of Rs.75,000/-.
2. The opposite parties were absent and so called exparte.
3. The point for consideration is whether there was any deficiency in service on the part of the opposite parties, and if so, for what relief the complainant is entitled to?
4. The evidence consists of the oral testimony of PW1 and Exts.P1 to P5 marked on the side of the complainant.
5. The POINT :- The complainant deposed as PW1. PW1 availed a loan of Rs.4,48,134/- from the opposite party for purchasing a Tata 709 lorry and the entire amount has been repaid. Ext.P1 is the copy of the Registration Certificate of the vehicle. Ext.P2 is the copy of the insurance policy certificate of the vehicle. The repayment of the loan was in 46 monthly instalments of Rs.12,590/- each. Ext.P4 is the loan statement showing the same. The entire loan amount was paid by PW1, Ext.P3(series) are the receipts for the same. The total amount paid by the complainant was Rs.5,79,140/-. The complainant requested for the NOC, three cheque leaves and stamp paper worth Rs.50/- which were received by the opposite party at the time of availing the loan. But the opposite party demanded for another Rs.6,000/- which was also paid by the complainant. But the documents were not returned by the opposite party. The Ist opposite party is the financing company represented by its Managing Director. The 2nd opposite party is the collection agent of the Ist opposite party. The Ist opposite party takes over the business of the 3rd opposite party. Since the NOC was not handed over to PW1, she was not able to renew the permit of the vehicle as well as she was not able to ply the vehicle for the last 4 months. Ext.P5 is the copy of the permit of the vehicle.
6. As per the complainant, the complainant has repaid an amount of Rs.5,85,140/- to the opposite party which is an amount excess than the loan amount. The instalments were 46 in numbers, each amounts to Rs.12,590/- and the total loan amount she availed was Rs.4,48,134/-. The complainant suffered a lot because she was not able to renew the permit of the vehicle because of the non-availability of the NOC from the opposite party. An interim application was filed by the complainant as IA No.66/2010 for getting a direction to hand over the NOC of the vehicle No.KL-06C-6224. Eventhough the Forum issued urgent notice to the opposite parties, they never filed any objection for the same. So the complainant is entitled to get the NOC and other documents filed at the time of availing the loan. These matters are not challenged by the opposite party in anywhere else. But no evidence produced by the complainant to show that she sustained a loss of Rs.75,000/- because of the non-availability of the NOC. So it is a gross deficiency from the part of the opposite party that they have not issued the documents after repaying the entire loan amount and the amount charged by the opposite party excess than the loan amount.
Hence the petition allowed. The opposite parties are directed to issue a No Objection Certificate to the vehicle No.KL-06C-6224 of the complainant and return three cheque leaves and the stamp paper worth Rs.50/- given to the opposite party as security at the time of availing the loan. The opposite parties are also directed to pay Rs.2,000/- as cost of this petition within one month of receipt of a copy of this order, failing which the amount shall carry 12% interest per annum from the date of default.
Pronounced in the Open Forum on this the 22nd day of October, 2010
Sd/-
SRI. LAIJU RAMAKRISHNAN(PRESIDENT)
Sd/-
SMT. SHEELA JACOB(MEMBER)
Sd/-
SMT. BINDU SOMAN(MEMBER)
APPENDIX
Depositions :
On the side of Complainant :
PW1 - Lilly Thomas
On the side of Opposite Parties :
Nil
Exhibits:
On the side of Complainant:
Ext.P1 - Photocopy of RC Book of the complainant
Ext.P2 - Photocopy of Policy Schedule cum Certificate of Insurance
Ext.P3(series) - Cash Receipts (48 Nos) issued by the opposite party
Ext.P4 - Loan Statement
Ext.P5 - Photocopy of Goods Carriage Permit
On the side of Opposite Parties :
Nil
