Date of filing : 30-03-2012
Date of order : 30-10-2015
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.94/2012
Dated this, the 30th day of October 2015
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.K.G.BEENA : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
Vincent D’Souza, S/o. Daniel D’Souza, : Complainant
R/at Everest Mension, Church Road,
Po.Kayyar, Uppala, Kasaragod Taluk
(Adv.A Balakrishnan Nair, Kasaragod)
The Manager, : Opposite party
Shriram Transport Finance Company Ltd,
Talagara Gate, Nullipady, Kasaragod.
(Adv.K.A.Lalan, Kasaragod)
O R D E R
SMT.P.RAMADEVI, PRESIDENT
The brief fact of the complaint are as follows:
That the complainant availed two loans from opposite party and one for Rs.6,40,000/- for the vehicle Tempo and also availed Rs.80,000/- towards personal loan on the same guarantor. The vehicle is purchased for self employment and the complainant made the payments in instalments regularly to the opposite party and the opposite party was not accounting the payment properly and calculated exorbitant interest and the opposite party claimed huge amount alleging insurance loan which was a surprise to the complainant and the complainant remitted the entire instalments and in total he paid Rs.8,32,350/- and asked clearance certificate, cheque leaves and documents submitted as security. But the opposite party is not ready to issue the above documents instead the opposite party asked Rs.1,00,000/- without any basis and the action of opposite party is unfair trade practice and deficiency in service. Hence this complaint is filed for necessary relief.
2. Opposite party entered in appearance and filed the version. In the version opposite party denied all the allegations made against him by the complainant. Opposite party submits that as per the agreement entered into between the complainant and opposite party relating to the vehicle there is an outstanding balance of Rs.2,70,368/- to be cleared as on 7-6-2012 and the total insurance paid by the company comes Rs.42,633/- and the opposite party has paid insurance premium of Rs.14,305/- on 1-10-2009, Rs.13,435/- on 6-10-2010 and Rs.14,893/- on 22-10-2011 and it is further submitted that after availing the loan the complainant has been remitting the monthly instalments without default up to 1-06-2009 and thereafter the complainant started defaulting the monthly payments and he is liable to pay overdue charges and thereby he has to pay Rs.1,20,135/- and the complainant pretending ignorance about the ODC and according to opposite party the amounts demanded is actual amount and not exorbitant amount. Hence this complaint is liable to be dismissed.
3. In this case the evidence is consists of the evidence of PW1 the complainant and Exts A1 and A2 marked documents. Opposite party has not adduced any oral evidence and Exts B1 & B2 documents were marked on their side. Heard both sides and documents perused.
4. On going through the facts of the case the following issues raised for consideration.
1 Is there any deficiency in service on the side of opposite party?
2 If so, what is the relief?
The specific case of the complainant is that he has obtained loan from the opposite party for his vehicle for an amount of Rs. 6,40,000/- and also obtained a personal loan of Rs.80,000/- from opposite party and he paid the entire instalments regularly and altogether he paid Rs.8,32,350/- and after making those payments the complainant asked clearance certificate from opposite party and opposite party refused his request by asking Rs.1,00,000/- and more which he is not liable to pay. In order to answer the first issue we have to see whether the complainant has paid the entire amount of loan as availed by him. In order to substantiate his case the complainant has produced Exts A1 and A2. Ext.A1 is the account statement and Ext.A2 is the payment chart issued by opposite party. Ext.A1 is marked subject to objection by the opposite party. Opposite party is not admitting that Ext.A1 is issued by them. Ext.B2 is the statement of accounts produced by the opposite party. In comparison with Ext.A1 and Ext.B2 there are many corresponding entries. In Ext.B2 the ODC is also shown. Complainant has no case that he has paid the insurance premium. While cross-examining PW1 by the counsel for opposite party he deposed before the Forum that first 3 years the opposite party paid the insurance premium and thereafter he made good those payments and he has no dispute regarding the payment credited by the opposite party. Here as per Ext.A2 the complainant has to pay Rs.8,39,680/- for total 48 monthly instalments without fail. Here the complainant has paid Rs.8,33,350/- even if Ext.A1 is true. Moreover, admittedly the insurance amount is credited to his account. That means he has to pay Rs. 8,39,680/- plus insurance premium. According to opposite party the complainant was regular in making payment up to1-6-2009 thereafter he started defaulting. As per the agreement the complainant has to pay penal interest if he made any default. Here, if Ext.A1 is admitted up to February 2012 he paid the major portion of the loan amount. Thereafter also the complainant paid the amount as it is evident from Ext.B2. Here on going through the entire records we are of the view that the complainant had paid the entire principal amount with interest. He is liable to pay the ODC charges and the 2 insurance premiums. The amount demanded by the opposite party as ODC is exorbitant and there is no justification in demanding that much amount as ODC. Here the complainant is liable to pay Rs. 42,633/- insurance premium with 9% interest per annum from the date of complaint till payment..
Therefore the complaint is partly allowed directing the opposite party to issue no objection certificate and all vehicular documents to the complainant after receiving the amount of Rs.42,633/- @ 9% interest per annum from the date of complaint till payment. Complainant is directed to pay the above mentioned amount to the opposite party. No order as to cost. Time for compliance is 30 days from the date of complaint till payment.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1. Account Statement
A2. Repayment schedule
B1. Loan cum Hypothecation Agreement
B2. Financial details.
PW1. Vincent D’Souza
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
