Kerala

Idukki

CC/31/2019

SHOBA RAJAN - Complainant(s)

Versus

Mahindra and mahindra - Opp.Party(s)

26 Dec 2019

ORDER

DATE OF FILING : 06/02/19

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 26^th day of December 2019

Present :

SRI. S. GOPAKUMAR PRESIDENT

SMT.ASAMOL P. MEMBER

CC NO.31/2019

Between

Complainant : Shoba Rajan, W/o Rajan

Pettiparayil House,

Adimali P.O., Adimali – 685 561.

(By Adv: Shiji Joseph)

And

Opposite Party : 1 . Mahindra & Mahindra Financial Services Ltd.,

2^nd Floor, Sadhana House,

Behind Mahindra Towers, 570, P.B., Marg,

Worli Mumbai – 400 018,

Represented by its Managing Director.

2 . Mahindra & Mahindra Financial Services Ltd.,

1^st Floor Elayidthu Buildings,

Kallarkootty Road, Adimaly,

Represented by its Branch Manager.

(By Adv:Saji Augustine)

 

O R D E R

SMT. ASAMOL P. (MEMBER)

 

The case of the complainant is that,

 

The complainant has availed a loan of Rs.3 Lakhs from the opposite parties for purchasing the Maruti Alto 800 car. The complainant, due to her bad financial condition could not re-pay the loan installments in time and the opposite parties have charged 36% penal interest upon the loan default amount. On 09/10/2018, the second opposite party sent a notice demanding Rs.60080/- as balance loan amount. As per the notice, the complainant has remitted Rs.23,000/- on 20/10/2018. In spite of the receipt the opposite parties are demanding the balance amount. The balance amount is arrived by the opposite parties

(Cont.........2)

 

-2-

calculating 36% interest on the loan amount for which the complainant is not liable to pay. The opposite parties are threatening to repossess the vehicle. The demand of huge amount as penal interest and other charges are unfair trade practice on the part of the opposite parties and hence the complainant is entitled to get compensation from the opposite parties. The complainant is against the opposite parties for getting relief such as to declare that the complainant is not liable to pay any amount to the opposite parties or to the opposite parties may be asked to settle loan account with 12% penal interest instead of 36% interest without any other charges and also cost and compensation.

 

Upon notice the opposite parties entered appearance and filed detailed reply version. But on the posting date of evidence of opposite parties, they were absent and not represented by the counsel. So opposite parties called absent and set exparte.

 

The complainant produced 2 documents. P1 is the receipt dated 20/10/2018 and P2 is the demand notice dated 09/10/2018 which is marked as Ext.P1 and Ext.P2 respectively.

 

Heard,

 

The point that arose for consideration is whether there is any deficiency in service from the part of opposite parties, and if so, for what relief the complainant is entitled to ?

 

The Point:- We have heard the counsel for the complainant and have perused the evidence on record. It is an admitted fact that complainant availed a loan of Rs.3 Lakhs by Ext.P2 documents. As per the Ext.P2 demand notice, the complainant has paid Rs.23,000/-. It is considered by Ext.P1 document. Notice served and opposite parties appeared before this Forum. Opposite parties filed detailed reply version. But on the posting date of opposite parties evidence they were absent. So they are called absent and set exparte.

 

 

(Cont.........3)

-3-

 

Hence the petition allowed. The opposite parties are directed to settle the loan account No.4082695 with 12% interest and serve a copy of the said statement to the complainant by calculating 12% interest in the defaulted loan installments from the date of default.

 

Pronounced in the Open Forum on this the 26^th day of December, 2019.

 

Sd/-

SMT. ASAMOL P. (MEMBER)

Sd/-

SRI. S. GOPAKUMAR (PRESIDENT)

APPENDIX

 

Depositions :

On the side of the Complainant :

Nil

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1 - The receipt dated 20/10/2018

Ext.P2 - The demand notice dated 09/10/2018

On the side of the Opposite Party :

Nil.

 

Forwarded by Order,

 

SENIOR SUPERINTENDENT