IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM
Present:
Hon’ble Mr. Bose Augustine, President
Hon’ble Mr. K.N. Radhakrishnan, Member
Hon’ble Mrs. Renu P. Gopalan, Member
CC No. 388/2014
Monday, the 30th day of May, 2016
Petitioner : Devassia,
Chandiyil House,
Thalayolapparambu P.O.
Vaikom, Kottyam,
Pin – 686 605.
(Adv. Vivek Soman K.)
Vs.
Opposite Parties : Mahindra & Mahindra Financial Service Ltd.
II Floor, Kaitharam Complex,
Near Mini Civil Station,
Union Club Junction,
Kottayam – 686 001.
Rep. by its Manager.
(Adv. Dr. V.T. Rejimon)
O R D E R
Hon’ble Mr. Bose Augustine, President
The case of the complainant filed on 03/12/2014 is as follows.
The complainant on 06/02/2010 availed a loan for Rs.5,92,000/- from the opposite party for purchasing Chevarolet Tavera car. At the time of loan agreement, the opposite party collected signed cheques of the complainant, signed blank white papers and also they obtain signature on the printed forms. And also collected RC, NOC and duplicate key of the vehicle. As per the loan agreement, the EMI is Rs.16,750/-. According to the complainant, before last 2 EMI, he approached the opposite party for closing the loan by remitting the two EMIs. But they have not interested to collect the same. Then the opposite party issued a letter dtd.05/06/2014 demanding Rs.33,500/- the two EMI with Rs.3387/- as interest. The complainant on 10/06/2014 approached the opposite party for remitting the amount stated in the notice, but the opposite party demanded Rs.20,000/- in addition to the amount stated their notice. Then on 20/09/2014, the complainant sent a notice informing the opposite party that he is willing to remit Rs.33,500/-, the balance two EMI. According to the complainant, he had regularly remitted the EMI’s except last two installments. And the act of opposite parties in not issuing the NOC and non return of the documents and key of the vehicle amounts to deficiency in service and unfair trade practice. Hence this complaint.
Opposite parties filed version in the form of objection admitting the loan transaction. According to the opposite parties, the complainant is to be remitted Rs.16,750/- as EMI for 48 installments. At the time of loan agreement, opposite party has not collected signed blank cheques, signed white papers, signed printed forms, Registration Certificate, NOC and key of the vehicle. And opposite party has not demanded Rs.20,000/- in addition to the amount stated their notice. The complainant never approached the opposite party for closing the loan account. Now the complainant is to be remitted Rs.54,290/-. According to the opposite parties there is no deficiency in service and unfair trade practice on the part of them and they prayed for dismissal of the complaint with their cost.
Points for considerations are
- Whether there is any deficiency in service or unfair trade practice on the part of opposite parties?
- Relief and costs?
Evidence in this case consists of the Proof affidavit of both sides and the deposition of the complainant as Pw1. And Ext.A1 to A4 documents and Ext.B1 document.
Point No.1
The crux of the complainant’s case is that the opposite prty finance company is claiming illegal amounts from the complainant in connection with his vehicle loan. Complainant produced a notice dtd.05/06/2014 issued by the opposite party and the same is marked as Ext.A2. As per Ext.A2, opposite party demanded an amount of Rs.33,500/- as two EMI and Rs.3,387/- as penal interest. According to the opposite party they demanded only the amount which is legally entitled to them. Complainant averred that the opposite party collected amounts by presenting the cheques, which were entrusted by the complainant for 48 EMIs at the time of availing the loan. According to the opposite prty, the complainant is issuing cheques for each and every year EMI’s and no such entrustment of the cheques at the time of availing of the loan. Opposite party produced the statement of disputed loan account and the same is marked as Ext.B1. From Ext.B1 it can be seen that all the EMIs were collected through cheques except two installments, in the beginning of every month. Further the cheques of the complainants were of consecutive numbers. So we infer that the cheques were entrusted by the complainant for every instalments at the time of availing the loan. From B1, it can be seen that the amount for last two EMIs dated 01/04/2014 and 01/05/2014 were not seen credited in the loan account of the complainant. Complainant produced the statement of his SB account with the Kerala Gramin Bank and the same is marked as Ext.A1. From Ext.A1, it can be seen that there were sufficiency amount in the account of the complainant on 01/04/2014 and 01/05/2014 for honoring the cheques for two EMI’s. In our view, act of opposite party in not presenting the cheques for last two EMI’s and demanding and penalizing the complainant by issuing Ext.A2 notice amounts to deficiency in service. As per Ext.B1, two EMIs are pending. This Fora as per its Order in IA 271/15 directed the opposite party to accept the two EMI amount from the complainant for issuing no objection certificate for renewing the permit of the hypothecated vehicle. If the said amount has not be remitted opposite party has the liberty to collect the same. Point No.1 is found accordingly.
Point No.1
In view of the finding in Point No.1, complaint is allowed.
In the result,
- Ext.A2 notice dtd.05/06/2014 is cancelled.
- Opposite prty is directed to issue NOC to the complainant for changing the hypothecation.
Considering the fact and circumstances of the case, no cost and compensation is ordered.
Order shall be complied with within a period of 30 days from the date of Order.
Pronounced in the Open Forum on this the 30th day of May, 2016.
Hon’ble Mr. Bose Augustine, President Sd/-
Hon’ble Mr. K.N. Radhakrishnan, Member Sd/-
Hon’ble Mrs. Renu P. Gopalan, Member Sd/-
Appendix
documents of petitioner
Ext.A1 : Bank statement for the period from 16/08/11 to 14/07/14 from Gramin
Bank
Ext.A2 : Photocopy letter dtd.05/06/14 issued by OP to petitioner
Ext.A3 : Photocopy of notice dtd.20/09/14
Ext.A4 : Postal AD card.
Documents of opposite party
Ext.B1 : Statement of account dtd.15/10/2015
Witness
Pw1 : complainant
By Order
Senior Superintendent
