BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 29th day of August, 2009

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.79/2009

Between

Complainant :

Saneesh Joseph,

Ozhackal House,

Thoppippala P.O, Labbakkada,

Idukki District.

(By Adv: V.C.Sebastian)

And

Opposite Party :

Mahindra & Mahindra, Financial Services Limited,

K.P.1/855, First Floor,

Friends Buildings,

Puliyanmala Road,

Kattappana – 685 508,

Idukki District.

O R D E R

SRI.LAIJU RAMAKRISHNAN(PRESIDENT)
 

Complainant purchased a Maruthi Omni van for his lively hood for driving the vehicle as Taxi. He availed a vehicle loan of Rs.1,90,000/- from the opposite party for the same. The repayment was in 48 monthly installments of Rs.5,300/- each. One installment was paid in advance. So many papers were signed from the complainant by the opposite party, at the time of availing the loan. Out of the loan, 21 installments were paid by the opposite party and 4 installments are pending in default. When the complainant approached for paying the defaulted installments, the opposite party asked for an excess amount of Rs.12,000/-. They also threatened that the vehicle would be forcibly repossessed if it is not paid. So the complainant is not able to ply the vehicle. Hence the petition is filed for directing the opposite party, against the forcible repossession of the vehicle and also for getting the statement of accounts.
 

2. As per written version of the opposite party, the loan amount and the installments are admitted. The petitioners had agreed to pay 3% penal interest, as per the terms of the loan agreement. As on date of the petition 5 installments are pending due. So the petitioner is bound to pay the said amount with penal interest of 3%. The petitioner never signed in any blank paper at the time of availing the loan. Only the loan agreement and the allied documents were signed. The opposite party never threatened about the repossession of the vehicle. The repayment schedule was already given to the petitioner. The opposite party is the financier of the vehicle and the financier is entitled to take back possession of vehicle upon default of the loan installments, and the complainant is not entitled for any of the relief sought.
 

3. The point for consideration is whether there was any unfair trade practice from the part of the opposite party, 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 P6 marked on the side of the complainant and no oral evidence adduced from the part of the opposite party.
 

5. The POINT:- Complainant availed a vehicle loan of Rs.1,90,000/- from the opposite party on 26.02.2007 for his Maruthi Omni. The loan became default for 4 installments and the opposite party is trying to take possession of the vehicle forcibly. Complainant is examined as PW1. PW1 deposed that he is using the vehicle as taxi for his lively hood. The opposite party got signed in several papers from PW1 at the time of availing the loan. The opposite party never supplied the copy of the loan agreement, loan repayment schedule and the list of documents given as security, even repeated requests. PW1 repayed 21 installments of Rs.5,300/- each to the opposite party. Ext.P2, Ext.P3(series) and Ext.P5(series) are the receipts of the installments paid by PW1. The loan became default, because of the treatment expenses of his wife and child. But the opposite party asked for an excess amount of Rs.12,000/- when PW1 approached for paying the installments. Opposite party threatened that they would repossess the vehicle forcibly. Opposite party received Rs.27,000/- excess on 25.08.2007. PW1 is not entitled to pay the overdue interest, but he is ready to pay the due installments. Opposite party has supplied the copy of the statement of accounts which is Ext.P6. On cross examination by the learned counsel for opposite party, PW1 agreed that there were 4 installments pending in the loan account. PW1 is not aware of the exact number of installments pending now in the loan account. As per written version of the opposite party, it is admitted that there are total 48 monthly installments for the loan, each of Rs.5,300/-. It is agreed by the complainant in the loan agreement that 3% penal interest can be charged for defaulted payments. There is a default of Rs.50,000/- in the loan account. The opposite party supplied the statement of accounts to the complainant. The complainant is ready to repay the installments. But we think that it is not proper to repossess the vehicle forcibly from the custody of the complainant. The opposite party is entitled to realize the loan amount and repossess the vehicle if the loan account is in default, by due process of law.

Hence the petition allowed. The opposite party is restrained fromrepossessing the vehicle bearing Reg. No. KL 37/1721 Maruthi Omni van, from the custody of the complainant forcibly, without due process of law.

Pronounced in the Open Forum on this the 29th day of August, 2009

Sd/-

SRI.LAIJU RAMAKRISHNAN(PRESIDENT)
 

Sd/-

I agree SMT.SHEELA JACOB(MEMBER)
 

Sd/-

I agree SMT.BINDU SOMAN(MEMBER)

APPENDIX

Depositions :

On the side of Complainant :

PW1 - Saneesh Joseph

On the side of Opposite Party :

Nil

Exhibits:

On the side of Complainant:

Ext.P1 - Photocopy of RC Book

Ext.P2 - Photocopy of Receipt dated 25.08.2007 for Rs.24,000/-

Ext.P3(series) - Photocopy of Receipts(7 Nos)

Ext.P4 - True copy of Notice dated 14.11.2008 issued by the opposite party

Ext.P5(series) - Receipts(3 Nos)

Ext.P6 - Copy of Statement of Account issued by the opposite party

On the side of Opposite Party:

Nil