DATE OF FILING : 18.12.2009 BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI Dated this the 30th day of August, 2010
Present: SRI.LAIJU RAMAKRISHNAN PRESIDENT SMT.SHEELA JACOB MEMBER SMT.BINDU SOMAN MEMBER C.C No.245/2009 Between Complainant : B.Sureshkumar, Rohini Bhavan, Kattappana P.O, Parakkadavu – 685 508, Idukki District. (By Adv: V.C.Sebastian) And Opposite Parties : 1. The Manager, Auto Lease & Hire Purchase, Muvattupuzha – 686 661, Ernakulam District. 2. The Manager, Soorya Auto Consultants, Kattappana P.O, Pin 685 508, Idukki District. (Both by Adv: Saji Augustine) O R D E R SRI.LAIJU RAMAKRISHNAN(PRESIDENT)
The complainant availed a loan for his Mini Lorry bearing Reg.No.KL-6/A 9361 from the Ist opposite party through the 2nd opposite party as H.P No.1796/06. The 2nd opposite party is the agent of the Ist opposite party. The loan amount was Rs.1,00,000/- and the repayment was monthly instalments starting from 4.11.2006 to 4.04.2009 with interest. The last instalment, which was the 30th was paid on 15.04.2009 by the complainant and the receipt was given by the 2nd opposite party who is the authorised agent of the Ist opposite party. At the time of availing the loan, the RC Book of the vehicle was kept at the 2nd opposite party's office as per the direction of the Ist opposite party. At that time the opposite party availed 3 blank cheque leaves signed by the complainant issued from the Idukki District Co-operative Bank, Evening Branch, Kattappana, 3 blank cheque leaves of the wife of the complainant from the State Bank of India, Kattappana Branch, blank stamp papers with signature of the complainant and wife, one white paper affixed with revenue stamp duly signed by the complainant, tax receipt of the property owned by the complainant and his wife etc. were given as security from the complainant. In the year 2006, 2007 and 2008 the RC Book was entrusted to his Tax Consultant by the 2nd opposite party in order to pay the road tax and testing of the vehicle. After payment of the last instalment, the complainant approached the opposite party for closing the H.P Loan and also requested for the RC Book for testing the vehicle on 27.11.2009, which is the last date for testing. But the opposite party requested an amount of Rs.24,000/- in order to close the H.P Account. The vehicle was met with an accident and so the complainant was not able to ply the vehicle through the road. So there was delay caused in payment of the loan instalments. The complainant is ready to pay the interest for the delayed payment, but never entitled to pay Rs.24,000/- as per the opposite party. Because of the non-availability of the RC Book, the complainant caused heavy loss because the vehicle was not able to test before the R.T Office. So the complainant is incurring a loss of Rs.2,000/- per day and causing a loss of Rs.8,000/- per week from 12/09 onwards. The opposite party is also denied to issue the statement of account of the vehicle after repeated demands. So this petition is filed for getting the RC Book of the vehicle, statement of account of the loan transaction and also for getting compensation to the tune of Rs.8,000/- per week from 27.11.2009 onwards. 2. In the written version filed by the opposite parties, it is stated that the complainant availed a loan of Rs.1,19,000/- from the opposite party financial company and not Rs.1,00,000/- as alleged by the complainant. The petitioner has not closed the HP loan account with the Ist opposite party and an amount of Rs.8,300/- is still due to the Ist opposite party. The opposite party never received any blank cheque leaves or blank stamp papers from the complainant or his wife. The RC Book was not received by the opposite party at any time. The loan was sanctioned on endorsing the same in the RC Book. Also with the Hire Purchase Agreement and with the security of a promissory note. The opposite party never demanded Rs.24,000/- from the complainant. So there is no deficiency in service on the part of the opposite parties.
3. The point for consideration is whether there was any deficiency in service on the part of the opposite parties, and if so, for what relief the complainant is entitled to? 4. The evidence consists of the oral testimony of PWs 1 and 2 and Exts.P1 to P9 and MO-1 marked on the side of the complainant and the oral testimony of DWs 1 and 2 and Exts.R1 to R3 marked on the side of the opposite parties.
5. The POINT :- The petition is filed for getting back the RC Book and other documents of the vehicle submitted before the opposite party at the time of availing the loan and also for the statement of account of the loan transaction. The complainant is examined as PW1. Ext.P1 is the copy of the pass book issued by the opposite party at the time of availing the loan. Ext.P2(series) are the receipts issued by the opposite party for payment of the instalments. Ext.P3 is the copy of the RC Book. The complainant availed a loan of Rs.1,00,000/- for his Mini Lorry from the Ist opposite party through the 2nd opposite party and the repayment was with 30 monthly instalments starting from 4.11.2006 to 4.04.2009. The RC Book of the vehicle was kept by the 2nd opposite party. It was authorised to the Tax Consultant Mr.C.Chacko for payment of the tax and testing the vehicle in the year 2007 and 2008. 3 number of blank cheque leaves signed by the complainant and his wife, blank stamp papers, blank white paper affixed with revenue stamp duly signed by the complainant etc. were given as security for the loan. The 30th instalment were paid on 15.04.2009 and it was initialled in the Ext.P1 pass book. Ext.P6 is the copy of the registration particulars of the vehicle. The opposite party denied the RC Book and other documents after the payment of the loan amount and they have demanded Rs.24,000/- for the same. The complainant incurred a loss of Rs.8,000/- per week because of the non-plying of the vehicle due to the non-availability of the RC Book. The road tax of the vehicle was paid after getting the registration particulars of the vehicle. When the complainant approached the RT Office for getting the duplicate of RC Book, they told that the tax can be paid by the copy of the registration particulars of the vehicle. The statement of account of the complainant is marked as Ext.P8. The complainant availed only Rs.1,00,000/- from the opposite party but it is written as Rs.1,19,000/- as per Ext.P8.
6. As per the cross examination of the learned counsel for the opposite party, the PW1replied that he never showed the RC Book to the counsel of the complainant. After getting the loan the complainant never saw the RC Book of the vehicle. But Ext.P3, copy of the RC Book is attested by the counsel of the complainant as “true copy'. All the entries of the RC Book can be got from the R.T office. The tax can be paid without the RC Book after complying the formalities at the RT Office. The Ist instalment was Rs.4,815/- and the 2nd to 30th instalments were Rs.4,665/- each. The Hire Purchase Agreement is marked as Ext.R1. The promissory note deposited at the time of availing the loan is marked as Ext.R2. In the year 2007 and 2008, the tax was paid through an auto Consultant. PW1 is not aware of the number of the blank cheque leaves given to the opposite party. No written request was given to the opposite party for getting the blank cheque leaves. The complainant made 6 months delay in payment of the loan instalments. PW2 is another person who also availed loan through the 2nd opposite party. At the time of closing the loan, the opposite party demanded PW2 to pay Rs.36,000/- as overdue amount. The RC Book of the vehicle, original patta of 16 cents of land of PW2, signed stamp paper worth Rs.50/-, two cheque leaves and two cheque leaves of the guarantor were given to the opposite party at the time of availing the loan. The RC Book of the vehicle of PW2 was returned only after the payment of Rs.18,500/- to the opposite party. The cover of the RC Book was supplied by the opposite party and the name and address of the opposite party is printed in the cover of the RC Book. It means that the RC Book of the vehicle was entrusted to the opposite party. No complaint was filed against the opposite party by PW2 in the police station or anywhere-else. The matter was settled with the Panchayath Member and PW2. The 2nd opposite party is examined as DW1. The loan instalments were received by DW1 as per Ext.P1. The loan amount was Rs.1,19,000/- and it was disbursed through cheque to the complainant. The Accountant of the Ist opposite party is examined as DW2. He deposed that the complainant availed a loan of Rs.1,19,000/- and all the instalments were paid, but the overdue instalment is not paid. So there is a due of Rs.8,300/- to the opposite party. The opposite party filed a document which is the reply issued from the R.T Office, Idukki as per the request under Right to Information Act. In which enclosed the copy of the application given by the complainant for getting the duplicate copy of the RC Book to the Regional Transport Officer and the reason stated for getting the duplicate copy is written as the registration book has been lost. 7. As per the complainant, the complainant availed a loan of Rs.1,00,000/- and he paid all the instalments of the loan but some delay has been occurred in the payment. He is ready to pay the reasonable interest for the same. The delay was caused because an accident was caused to the vehicle. But the opposite party never supplied the RC Book of the vehicle for payment of tax and testing of the vehicle, they demanded Rs.24,000/- for getting the same. So the complainant incurred a heavy loss because of the same. As per the opposite party, the loan amount was Rs.1,19,000/- and it is admitted that the complainant paid the entire instalments. But there is a due of Rs.8,300/- as overdue interest. As per the loan hypothecation agreement, the complainant is liable to pay 12% interest for the over due amount. The opposite party never received the RC Book of the vehicle at any time of availing the loan. But only a promissory note and a hypothecation agreement was created for the same. Exts.R1 and R2 are the copies of the same. No other documents were entrusted to the opposite party at the time of availing the loan. They never received any cheque leaves from the complainant or from his wife at the time of availing the loan. The opposite party demanded only Rs.8,300/- as penal interest from the complainant. The opposite party produced a document which is Ext.R3, which is supplied from the RT Office, Idukki, in which enclosed a copy of the application given by the complainant to the RT Office for getting a duplicate RC Book and the reason for getting the same is written as the RC Book has been lost from the complainant. So the counsel for the opposite party argued that the original RC Book of the vehicle has been lost from the complainant and he applied for a duplicate. But as per the complainant, the application was given on 24.03.2010 only for producing before the Forum after filing the complaint. The learned counsel for the opposite party argued that in Ext.P3, copy of the RC Book, the counsel for the complainant is signed as 'true copy', it means that the RC Book is with the complainant at the time of filing this complaint. 8. So we think that the complainant applied for the duplicate copy of the RC Book and the Ext.P3 document is attested by the counsel for the complainant as true copy, it means that the version of the complainant cannot be believable. The complainant is hiding something. As per the opposite party they never demanded for a hike amount as Rs.24,000/- but they demanded only Rs.8,300/- which is 12% interest for the due instalments. As per the opposite party, they never received any documents other than the promissory note and created an agreement for issuing loan to the complainant. The complainant never produced the specific number of cheque leaves which were supplied to the opposite party as security. If the RC Book is not with the opposite party, the complainant can get the copy of the same from the Registration Authority by filing application there. The road tax was duly paid by the complainant by getting the registration particulars of the vehicle. There is no evidence produced by the complainant to show that he incurred a heavy loss due to the non-availability of the RC Book. It is not proper to direct the opposite party to issue the RC Book if it is not keeping by them. So the opposite party must supply an affidavit stating that they are not keeping the RC Book of the vehicle and no cheque leaves or blank stamp papers of the complainant and his wife. The complainant can approach his bank for further remedy if any of the cheque leaves were misplaced from the complainant anywhere else. It is also admitted by the complainant that he is ready to pay reasonable amount as overdue interest to the opposite party. The statement of account of the loan transaction is already produced by the opposite party. Hence the petition partially allowed. The complainant is directed to pay the due amount Rs.8,300/- to the opposite party within one month and the Ist and 2nd opposite parties must return all the documents produced by the complainant at the time of availing the loan including the loan termination letter. If the opposite party never received the RC Book, cheque leaves, blank stamp papers etc. of the complainant and his wife, the opposite parties must declare the same in writing to the complainant. The Ist and 2nd opposite parties are restrained from any further action against the complainant for the recovery of the loan amount. The Ist and 2nd opposite parties are also directed to pay Rs.1,000/- as costs of this petition within one month of receipt of a copy of this order, failing which the amount shall carry 12% interest from the date of default.
Pronounced in the Open Forum on this the 30th day of August, 2010
Sd/- SRI. LAIJU RAMAKRISHNAN(PRESIDENT) Sd/- SMT. SHEELA JACOB(MEMBER)
Sd/- SMT. BINDU SOMAN(MEMBER)
APPENDIX Depositions : On the side of Complainant : PW1 - B.Sureshkumar PW2 - K.C.Raju On the side of Opposite Party : DW1 - P.K.Gopi DW2 - P.S.Dileep Exhibits: On the side of Complainant: Ext.P1 - Photocopy of Pass Book Ext.P2 - Photocopy of Receipts(13 Nos) issued by the Ist opposite party Ext.P3 - Photocopy of RC Book Ext.P4 - Photocopy of Token for tax remittance upto 30.09.2009 Ext.P5 - Photocopy of Receipt dated 10.08.2009 for Rs.800/- issued by the District Executive Officer, Kerala Motor Transport Worker's Welfare Fund Board, Thodupuzha Ext.P6 - Photocopy of Registration Particulars issued by the Regional Transport Officer, Idukki Ext.P7 - Repayment Schedule Ext.P8 - Photocopy of Statement of Account issued by the opposite party Ext.P9 - Photocopy of RC Book of PW2
MO-1 - CD On the side of Opposite Party : Ext.R1 - Hire Purchase Agreement Ext.R2 - Promissory Note dated 4.10.2006 Ext.R3 - Reply letter dated 14.07.2010 issued from the Regional Transport Office, Idukki under Right to Information Act, 2005, addressed to the 2nd opposite party
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