IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday the 31st day of January, 2011
Filed on 07.08.10
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.183/10
between
Complainant:- Opposite Parties:-
Smt.Ambili,
W/o Radhakrishnan, 1. The Manager, B.B Finance Syndicate,
Pappanavelil House, 13.Vaikunda vathiyar Street Sowcarpet,
Thalavady Village, Chennai-600079.
Neerattupuram.P.O,
Kuttanadu Taluk, 2. Classic Agencies, C/o Royal Enterprises,
Alappuzha District. Manippuzha, Kottayam.
(By Adv.Satheesh Chandra)
3. Royal Motors, Sanathanapuram.P.O.,
Kalarcode, Alappuzha.
(By Adv.S.Sreekanthan)
O R D E R
SRI.JIMMY KORAH (PRESIDENT)
The case of the complainant is as follows: - The complainant purchased a Bajaj Auto rickshaw bearing No.KL.04W 3545 from the 2nd opposite party on availing a loan amount of Rs.80,000/-(Rupees eighty thousand only) from the 1st opposite party. The EMI to be remitted was Rs.3,225/-(Rupees three thousand two hundred twenty five only). The complainant paid off the entire loan amount remitting the total amount of Rs.1,16,100/ -(Rupees one lac sixteen thousand and one hundred only). Notwithstanding this, the opposite parties declined to issue clearance certificate, original RC Book etc. to the complainant. Repeated requests on 25th July 2010 and there after went in vain. The opposite parties demanded Rs.12,500/-(Rupees twelve thousand five hundred only) from the complainant as additional charges. If the said amount is not paid, the vehicle of the complainant would be seized without any further notice. The complainant sustained indescribable mental agony. Got aggrieved on this, the complainant approached this Forum seeking compensation and other relief.
1. On notice being sent the 1st and 3rd opposite parties turned up and filed version. According to the opposite party the payment effected by the complainant was irregular. The interest levied for late payment is 24%. In the light of this, even if the complainant paid off Rs.1,16,100/-(Rupees one lac sixteen thousand and one hundred only), she has to pay Rs.12,500/-(Rupees twelve thousand five hundred only) to the opposite party. The opposite parties have no intention to take the vehicle in possession. The opposite parties are not liable to issue the clearance certificate to the complainant. There is no deficiency of service on the part of the opposite parties. The complaint is to be dismissed on accepting the version of the opposite party, the opposite parties assert.
2. On the side of the complainant, the complainant herself was examined as PW1, and the documents Exbts A1 to A22 were marked. Exbts A1 to A22 are the receipts as to the payments. The evidence of the opposite party consists of the document marked as Exbt B1. Exbt B1 is the 'hire purchase agreement'.
3. Taking into account the contentions of the parties, the questions come up before us for consideration are:-
(1) Whether the complainant paid off the loan amount?
(2) Whether the opposite party is entitled to any amount as claimed by them?
(3) Whether the complainant is entitled to the clearance certificate and the RC Book?
4. According to the complainant, the complainant availed a loan amount of Rs.80,000/-(Rupees eighty thousand only) from the 1st opposite party. She paid off the entire amount viz. Rs.1,16,100/- (Rupees one lac sixteen thousand and one hundred only). There is no dispute as to the amount the complainant availed as loan and as to the amount she paid off. What is in dispute is that the complainant effected payments irregularly, and thus liable to pay Rs.12,500/-(Rupees twelve thousand five hundred only) to the opposite party. The contention of the opposite party is that for uneven payments, the interest calculated is @ 24%. Surprisingly, the opposite party produced no materials as to in what manner, the opposite parties arrived on the amount of Rs.12,500/-(Rupees twelve thousand five hundred only). Barring a bare statement nothing is available on record suggesting the manner in which the particular amount was commuted. Needless to say mere statements do not take the place of proof. It is worthy of notice that the opposite parties has no case that the complainant has yet to pay off any particular installment. As such, it is to be reasonably inferred that the complainant has paid off the entire installments. More over it seems that the opposite parties purposefully keep mum with regard to the RC Book and so on. On meticulous perusal of the evidence available on record, it appears that the attempt of the opposite parties is to extract as much as amount from the complainant on holding back her valuable documents in hostage. It goes without saying the complainant is entitled to relief.
In view of the discussions made herein above, the opposite parties are directed to pay to issue to the complainant the concerned clearance certificate and release to her the RC book and other relevant documents if any forth with. The 1st opposite party is further directed to pay to the complainant an amount of Rs.5,000/-(Rupees five thousand only) as compensation and Rs.1000/-(Rupees one thousand only) as cost. The opposite parties shall comply with the order within thirty days of the receipt of this order.
The complaint is allowed accordingly.
Pronounced in open Forum on this the 31st day of January, 2011.
Sd/-Sri. Jimmy Korah
Sd/-Sri. K. Anirudhan
Sd/-Smt. N. Shajitha Beevi
Appendix:-
Evidence of the complainant:-
PW1 - Ambili (Witness)
Ext. A1-A22 - The payment receipts
Evidence of the opposite parties:-
Ext. B1 - The Hire Purchase Agreement dated, 22.12.2006
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite Parties/S.F.
Typed by:- k.x/-
Compared by:-
