By. Smt. Beena. M, Member:-
This is a complaint filed under section 35 of the Consumer Protection Act 2019.
2. Brief facts of the case are as given below: The Complainant’s car KL 02 BK 6293, Grand i10 Magna Car was purchased by availing loan from Opposite Party. The instalments of the said vehicle have been paid accurately from 2021 onwards, even during the Covid-19 period. The closing date of repayment of the loan is 31.02.2026.
3. Under such a situation, when the Complainant had doubts about the moratorium figures during covid period, the Complainant asked the Opposite Party for the figures but the Opposite Party misbehaved with the Complainant in front of other customers and came to the house where the Complainant’s elderly mother and daughter live and spread the malicious word about the Complainant as a non-repayer. The Complainant could not pay the two monthly instalments of the loan due to her illness and the Opposite Party inflated the said amount and said that four instalments were defaulted and committed unfair trade practice. Moreover, the Opposite Party tried to seize the vehicle forcefully.
4. When the Complainant asked to provide accurate figure, the Opposite Party denied and the Complainant, who has been working in Wayanad for the past one and a half years, need vehicle to take her aged mother to the hospital. The Opposite Party is trying to take possession of the vehicle before the date of expiry by showing false figures.
5. The Opposite Party did not appear before the Commission and hence the Commission set them as ex-parte.
6. The Complainant adduced oral evidence. She was examined as PW1 and the copy of Registration Certificate produced was marked as Ext.A1.
7. It is reasonable to get the figures to the Complainant fixed in the transaction with the Opposite Party. The Commission is empowered to order the Opposite Party to fix the accounts. The Opposite Party has the right to legally collect any money due from the Complainant in respect of the car loan. But trying forcibly and illegally to repossess the vehicle without adopting legal action to collect the dues is wrong. Since the Opposite Party did not adduce any evidence, we are constrained to believe the Complainant’s evidence.
8. From the available evidence and testimony of the Complainant, Commission found that there is deficiency in service and unfair trade practice from the part of the Opposite Party. The Complainant proved his case unchallenged.
In the result, the complaint is partly allowed and
- The Opposite Party is directed to provide the exact account statement to the Complainant within one month from the date of the service of this Order.
- The Opposite Party is hereby restrained from taking the vehicle forcibly and illegally from the possession of the Complainant without adopting proper process of law.
- The Opposite Party is also directed to pay Rs.10,000/- (Rupees Ten Thousand Only) as compensation and Rs.5,000/- (Rupees Five Thousand Only) as cost to the Complainant within 30 days from the date of receipt of this Order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 21st day of March 2023.
Date of Filing:-02.11.2022
PRESIDENT :Sd/-
MEMBER :Sd/-
APPENDIX.
Witness for the Complainant:-
PW1. Shylaja. V. House Keeping.
Witness for the Opposite Party:-
Nil.
Exhibits for the Complainant:
A1. Copy of Registration Certificate.
Exhibits for the Opposite Party:-
Nil
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
ASSISTANT REGISTRAR
CDRC, WAYANAD.
