Karnataka

Chitradurga

CC/239/2019

Sri. Narayanappa. B.T. S/o Thippaiah - Complainant(s)

Versus

Manager, H.D.F.C. Bank Limited., - Opp.Party(s)

Sri.Thippeswamy.N

02 Aug 2019

ORDER

COMPLAINT FILED ON : 05/03/2019

                          DISPOSED ON:02/08/2019

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA

 

CC. NO.239/2019 DATED: 2nd August 2019

 

PRESENT :-     SRI.T.N.SREENIVASAIAH      :   PRESIDENT                                        B.A., LL.B.,

                        SRI. SHIVAKUMAR.K.N  :     MEMBER

                        M.Com., LL.B.,

COMPLAINANT/S	Sri. Narayanappa B.T. S/o Thippaiah @ Thimmappa, Aged about 60 years, Agriculture, Bommasamudra Dodderi, Challakere Taluk, Chitradurga District. (Rep by Sri.N.  Thippeswamy, Advocate)
OPPOSITE PARTIES	1. The Manager, H.D.F.C. Bank Limited, Head Office, 2nd Road Khan Building, Bellary Road, Hosapet, 2. Branch Manager, HDFC Bank Limited, Challakere Branch, Challakere. 3. Owner/Authorized Dealers, Sri. Venkateshwara Tractors, Sales and Service, Suji Malleshwara Nagara, Bellary Road, Challakere.  (Rep by OP.1 and 2 Arun B. Koujalagi. Advocazte)  (OP.3  Ex-parte)

 

SRI. T.N. SREENIVASAIAH: PRESIDENT

 

 

ORDER

The complainant has filed this complaint U/s 12 of C.P. Act 1986 against the OP.1 and 2 for claiming compensation of Rs. 2,20,000/-  and interest 12% regarding the amount as collected by the OP.1 and 2 by sustaining fraud and  order to clearance certificate to the complainant vehicle and further claiming compensation amount of Rs. 8,000/- along with interest at the rate of 12% from the OP.3 and for such other reliefs.

2. BRIF FACTS OF THE CASE:    The complainant was having   SB account with the OP 1 and 2. The complainant is doing agricultural work. The complainant is intended to purchase tractor for is agricultural work. He and his family is depending upon the earnings of the said tractor. And further complainant approach the OP.3 for purchasing the tractor. The value of the tractor is of Rs. 5,80,000/- out of which Rs.40,000/- offer given by the Company. Remaining cost of the said vehicle is of Rs.5,40,000/- out of which complainant has paid down payment of Rs. 1,30,000/- to the OP.3. Further complainant has applied for loan from the OP.1 and 2. Same has been sanctioned by the OP.1 and 2 for a sum of Rs. 4,30,000/- at 9% interest. 1^st installment was commencing from 26/09/2014 i.e. yearly installment of Rs. 69,683/-.

        3. The complainant was obtained the tractor loan from the OP.1 and 2 on 26/09/2014 and they have collected interest from the complainant since from 08/08/2014 before sanctioning of the loan. Further the complainant was purchase the tractor from the OP.3 and the same has been registered before the concern authority and the Tractor Number is  KA-16-TA-9953.

        4. As per the terms and conditions of the OP.1 and 2 the complainant was paid the entire loan amount to the OP.1 and 2. After completion of the entire loan the complainant approach the Op.1 and 2 and ask the clearance certificate by that time the OP.1 and 2 says that still the amount is in due. After that the OP1 and 2 have seized the above said vehicle. Again on 10/08/2018 complainant has paid a sum of Rs. 80,000/-. After received the above said amount the OP.1 and 2 have released the said vehicle. The complainant has paid the total amount of Rs. 5,18,000/-. Further the complainant approach the OP.1 and 2 and ask the clearance certificate the OPs have failed to give to clearance certificate.

        5. The cause of action for filing the above said Complaint has arisen on 10/10/2018 when the complainant have received the Rs.80,000/- from the complainant which is within the Jurisdiction of this Hon’ble Court. 

6. After service of notice, one Sri K.P. Kashinath, advocate appeared on behalf of OP.1 and 2 filed their version. Notice to OP.3 served and he did not  appeared before this  Forum and hence, placed ex-parte.

7. According into the version filed by the OP.1 and 2 the complaint is not maintainable either in law or on facts and the same is liable to be dismissed in the limine. The complainant have sworn in a false affidavit and suppressing real facts. The complainant filed this complaint against these OPs are not maintainable because the OPs have already obtain the decree from the Hon’ble arbitrator in Arbitration claim petition No. 154/2018. The complainant instead of challenging the Arbitration award had approached this Hon’ble Forum by suppressing the facts.

8. It is true the complainant had approach the OP.1 and 2 bank seeking financial assistance. Accordingly OP.1 and 2 have sanction the loan of Rs. 4,51,516/- and the complainant agreed to repay the same within 04/11/2019 and agreed to pay the interest at the rate of 17.5%. The complainant failed to repay the installment regularly. The OP1 and 2 have issued the demand notice on 23/11/2017. The OP.1 and 2 have filed the Arbitration claim Petition No. 154/201. The sole Arbitrator passed an award on 14/04/2018 directing the complainant to pay a sum of       Rs. 4,75,385/- with interest at the rate 18% p.a. Ex-parte decree and pray for dismissed the complaint.

9. Now the complainant is due for Rs. 2,61,787/-. It is false to say that the complainant had paid a sum of Rs. 80,000/- on 10/08/2018 and the other allegation made in para No. 8, 9 and 10 are denied in toto. Hence OP.1 and 2 have not committed any deficiency of service hence pray for dismissed the complaint.

10. Complainant himself examined as PW-1 by filing affidavit evidence and relied on documents Ex A-1 & A-14 and closed his side.  OP.1 and 2 side examined Anand Revannanvar legal Manager, HDFC Bank Limited, Hubli, and relied upon EX-B-1 to B-5 and closed their side.

 

11. Heard the arguments. 

 

12.  Now the Points that arise for our consideration for the decision of the complaint are that:-

Point No.1:-Whether the complainant proves that, the OPs have committed deficiency of service for issuing clearance certificate to the complainant vehicle bearing Registration No. KA-16-TA- 9953 and OP.3 is entitled for return of excess amount of Rs. 8,000/- collected from him and entitle for the reliefs as prayed in the complaint?

 

Point No.2:- What order?

 

      

13. Our findings on the above points are as follows.

 

       Point No.1:-Partly Affirmative.

       Point No.3:-As per the final order.

::REASONS::

14. Point No. 1:- The complainant was having   SB account with the OP 1 and 2 and he is intending to purchase Tractor for is agricultural work. He and his family is depending upon the earnings of the income arising from the land and complainant approach the OP.3 for purchasing the Tractor. The value of the Tractor is of Rs. 5,80,000/- out of which Rs.40,000/- offer given by the Company. Remaining cost of the said vehicle is of Rs.5,40,000/- out of which complainant has paid down payment of Rs. 1,30,500/- to the OP.3. Further complainant has applied for loan from the OP.1 and 2.  And they have sanctioned loan for a sum of Rs. 4,30,000/- and complainant agreed to pay the interest at the rate of  9%. Accordingly 1st installment was commencing from 26/09/2014 i.e. yearly installment of Rs. 69,683/-. Further the OP.2 have sanctioned loan on 04/08/2014 but the complainant has purchased the vehicle on 26/09/2014.

        15. As per the terms and conditions of the OP.1 and 2 the complainant was paid the entire loan amount to the OP.1 and 2. After completion of the entire loan the complainant approach the Op.1 and 2 and ask the clearance certificate by that time the OP.1 and 2 says that still the amount is in due. After that the OP1 and 2 have filed the Arbitration case before the concern authority and obtained Ex-parte decree. The OP. 1 and 2 have not produced any postal receipt or entire order sheet, whether the notice has been served to the complainant. As per the documents produced by the OP.1 and 2 have clearly shows that they have issued the notice through Arbitrator in a wrong address and obtain Ex-parte decree. The notice has not been served to the complainant. The OP.1 and 2 have mislead the sole Arbitrator and obtain the decree. After obtaining the decree they have seized the above said vehicle. Again on 10/08/2018 complainant has paid a sum of Rs. 80,000/-. For full and final settlement.  After received the above said amount they have released the said vehicle. The complainant has paid the total amount of Rs. 5,18,000/-.  The complainant was purchased the said vehicle on 26/09/2014 but the  OP.2 have created the documents issuance of loan on 04/08/2014. Further the OP.1 and 2 have failed to issue the clearance certificate to the complainant i.e. deficiency of service on the part of OP.1 and 2. The OP.3 have collected excess amount of Rs. 8,000/- from the complainant. The OP.3 have not appeared before this forum and filed his version.

         16. We have gone through the entire documents and evidence of both sides there is no dispute between the both parties that the complainant was optioned loan from the OP.1 and 2 for the purpose of purchasing Tractor from the OP.3 for his agriculture land. The OP.1 and 2 have sanction a Tractor loan of Rs. 4,30,000/- and imposing 9% p.a. Accordingly the complainant has paid entire amount in different dates. The complainant was purchased the said vehicle on 26/09/2014 but the  OP.2 have created the documents issuance of loan on 04/08/2014. The OP.1 and 2 have filed a Arbitration case against the complainant and obtain Ex-parte decree by giving wrong address and misleading the sole Arbitrator. After the OP.1 and 2 have collected Rs. 80,000/- from the complainant and agreed to give the clearance certificate, but they have not done so. Hence the OP.1 and 2 have committed deficiency of service. The OP.3 have committed deficiency of service while collecting the excess amount of Rs. 8,000/- from the complainant.  Hence point no.1 is held partly affirmative. And pass the following order.

Point No.2:- As discussed on the above point and for the reasons stated therein, we pass the following:

 

ORDER

 

The complaint filed by the complainant U/s 12 of CP Act 1986 is hereby partly allowed.

 

It is ordered that, the OPs 1 and 2   are hereby directed to give NOC/Clarence certificate to the complainant concerned with the Tractor Registration No. KA-16-TA-9953 within 30 days from the date of this order. If fails to give the NOC/Clarence certificate to the complainant the OPs 1 and 2 are hereby directed to return the entire loan amount received from the complainant.   

Further, the OPs 1 and 2 are hereby directed to pay a sum of Rupees One lakh towards compensation to the complainant regarding with mental agony and beneficiary loss.

Further OP.3 is here by directed to return the excess amount of Rs. 8,000/- collected from the complainant along with interest @ the rate of 9% p.a. from the date of collecting the same till realization  

It is further ordered that, the OP.3 is hereby directed to pay sum of Rs. 10,000/- towards cost of this proceedings.

It is further the OPs are hereby directed to comply the above said order within 30 days from the date of this order.

 

(This order is made with the consent of Members after the correction of the draft on 02/08/2019 and it is pronounced in the open Court after our signatures)

 

 

 

 

 

 

 

 

 

 

        MEMBER                                                 PRESIDENT

 

 

 

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:-Complainant by filing affidavit evidence.

Documents marked on behalf of Complainant:

01	Ex-A-1:-	R.C. Book,
02	Ex-A-2:-	Delivery Challan, dated 26/09/2014.
03	Ex-A-3:-	Cash receipt, dated 26/09/2014
04	Ex.A-4:-	Cash receipt, dated 15/09/2014
05	Ex-A-5:-	Cash receipt, dated 07/11/2014
06	Ex-A-6:-	Cash receipt, dated 18/09/2014
07	Ex-A-7:-	Cash receipt
08	Ex-A-8:-	Cash receipt
09	Ex-A-9:-	Letter dated 21/02/2019
10	Ex-A-10:-	Loan sanction details
11	Ex-A-:-11	Estimate
12	Ex-A-:-12	Challans
13	Ex-A-:-13	Challans
14	Ex-A-:-14	Blank cheque

DW-1: Sri. Anand Revannaver Legal manager HDFC Bank, Hubli, by way of affidavit evidence.

 

Documents marked on behalf of OP No.1 and 2

 

01	Ex-A-1:-	Attested copy of resolution  Karnataka State Certificate of Registration,
02	Ex-A-2:-	Attested copy of the loan application
03	Ex-A-3:-	Xerox attested copy of agreement
04	Ex.A-4:-	Bank Statement
05	Ex-A-5:-	Arbitration award copy

 

 

 

MEMBER                                                      PRESIDENT