DATE OF FILING: 19.01.2011
BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Dated this the 26th day of August, 2011
Present:
SRI.LAIJU RAMAKRISHNAN PRESIDENT
SMT.BINDU SOMAN MEMBER
C.C No. 18/2011
Between
Complainant : Radhakrishnan Nair,
Koodathinakkunnel House,
Manakkadu P.O,
Thodupuzha,
Idukki District.
(By Adv: K.M.Sanu)
And
Opposite Parties :1. The Manager,
Kattappana Motors (I) Pvt. Limited,
Manakkadu Road,
Thodupuzha P.O,
Thodupuzha, Idukki District.
(By Adv: Babichen.V.George)
2. The Manager,
Mahindra & Mahindra Financial Services Limited,
Thrikkakkara P.O,
Kochi – 21.
(By Adv: Saji Augustine)
O R D E R
SMT.BINDU SOMAN(MEMBER)
The complainant availed a vehicle loan from the opposite party for Rs.1,28,000/-. The loan was taken on 6.05.2010, the repayment of the loan was fixed on 36 monthly instalments of Rs.5,500/- each. For the security of the loan, the complainant had given 10 signed cheque leaves and the original documents of the vehicle. Complainant paid 5 instalments, after that due to financial difficulties he could not repay the remaining instalments, because of that the opposite party had taken over the possession of the vehicle. On 29.12.2010, the complainant approached the opposite party for releasing the vehicle but the opposite party objected his request. The only income of the complainant is from his vehicle, without that he could not pay the instalments. Complainant stated that the opposite party is demanding a huge amount from him, and also the opposite party is not properly maintained his loan account. Complainant alleged deficiency of service against the opposite party regarding this aspect. The complainant had suffered initial expenses such as insurance, painting etc. All these are waste due to the forceful possession of the vehicle by the opposite party. Hence the complainant filed this petition before the Forum and seeks remedy for settlement of his loan account.
2. 2nd opposite party filed written version. The opposite party admitted the loan transaction and the mode of repayment. The opposite party denied the repayment of 5 instalments by the complainant on the other hand he had paid only 2 instalments. The opposite party stated that they never repossessed the vehicle but the complainant had surrendered the vehicle. Receipts were not issued for payment is also denied. The complainant is bound to close the loan account before the release of the vehicle to him. In his written version the opposite party stated that the usual mode of the company is to sell the vehicles in public auction and to adjust the auction amount in the loan account. If any balance amount is remaining in the loan account, the complainant is bound to pay that amount. So there is no deficiency of service on the part of the opposite party.
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 PW1 and Exts.P1 and P2 marked on the side of the complainant and Exts.R1 to R3 marked on the side of the opposite parties.
5.The POINT :- The complainant examined as PW1. Ext.P1 is the copy of RC Book of the vehicle and Ext.P2 is the cash receipt given by the Ist opposite party. PW1 was cross examined by the 2nd opposite party and marked Ext.R1. Ext.R1 is the surrender form of the opposite party, it was signed by the complainant. Ext.R2 is the statement of account of the complainant's vehicle loan. Ext.R3 is the copy of loan agreement. The complainant had purchased the vehicle on 6.05.2010 and it was surrendered on 29.12.2010. The opposite party admitted these facts. The complainant had used his vehicle only for few months. Without running his vehicle he could not pay his due instalments. On 29.12.2010 the complainant had surrendered the vehicle. So we think that the opposite party can settle the loan account of the complainant by public auction procedure.
Hence the petition partially allowed. The opposite parties are directed to settle the loan account of the complainant's vehicle after conducting sale of the vehicle No.KL-38A-5397, and return all the documents received from the complainant at the time of availing the loan or reschedule the vehicle loan of the complainant after accounting the due instalments as a fresh loan.
Pronounced in the Open Forum on this the 26th day of August, 2011
Sd/-
SMT.BINDU SOMAN(MEMBER)
Sd/-
I agree SRI. LAIJU RAMAKRISHNAN(PRESIDENT)
APPENDIX
Depositions :
On the side of Complainant :
PW1 - Radhakrishnan Nair
On the side of Opposite Parties :
Nil
Exhibits:
On the side of Complainant:
Ext.P1 - Photocopy of R.C Book of the vehicle
Ext.P2 - Cash Receipt dated 6.05.2010 for Rs.12,000/- issued by the
Ist opposite party
On the side of Opposite Parties :
Ext.R1 - Photocopy of Vehicle Surrender Form dated 29.12.2010 issued by the 2nd opposite party
Ext.R2 - Statement of Account of the complainant's vehicle loan
Ext.R3 - Photocopy of Loan Agreement between the complainant and the 2nd opposite party
