IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOLLAM

DATED THIS THE   20^th  DAY OF DECEMBER 2021

Present: -      Sri. E.M.Muhammed Ibrahim, B.A, LLM. President

Smt.S.Sandhya   Rani. Bsc, LLB ,Member

Sri.Stanly Harold, B.A.LLB, Member

    CC.No.111/2019

Shemeer S., 47 years,

Mulavila Vadakkathil Veedu,

Chandanathope P.O.,

Chathinakulam, Kollam 691 014.                        :           Complainant

(By Adv.Uliyakovil S.Navas)

V/s

Manager,

Mahindra & Mahindra Financial Services Ltd.,

1^st Floor,Grace Building,

Kottarakkara,

Kollam 691 531.                                                           :          Opposite party

ORDER

Sri.Stanly Harold, B.A.LLB, Member

            This is a case based on a complaint filed U/s 12 of the Consumer Protection Act 2019.

            The averments in the complaint in short are as follows:-

            The complainant has purchased a VOLKSWAGEN AMEO COMFORT LINE vehicle bearing No.KL-03X-2555 on 13.06.2018 by availing a loan of Rs.3,00,000/- from the opposite party.  As per the loan agreement it is to be repaid in 48 installments at Rs.9,660/- per month being principal and interest.  Towards security the opposite party obtained 7 blank cheque leaves from the complainant and tax receipt and other documents from the guarantor.  The complainant promptly paid the installment after March 2019, the complainant was ready to repay the only loan amount and he requested the opposite party to receive the balance amount waving the future interest upto 10.05.2022.  The request was made on 20.04.2019 and subsequent days directly and through other means.  But the opposite party was not amenable for the same.  The opposite party is realizing interest in flat rate and not in diminishing rate and the opposite party contended that interest upto 10.05.2022 is to be paid and he cannot wave it.  This is a clear case of deficiency in service.  Opposite party is liable to compensate for the same.  Even though there was sufficient amount in the account of the complainant the opposite party caused delay to encash the cheque and realized Rs.2,000/- as cheque return charges which is also an unfair trade practice.  The complainant is ready to pay balance principal amount after deducting the 9 months period upto March 2019.  The opposite party is legally liable to receive the same.  The said act of the opposite party in refusing to close the loan without receiving future interest is a deficiency in service and the complainant is entitled to Rs.30,000/- as compensation.  Hence the complaint.

            Though the opposite party finance company has entered appearance on 17.07.2019 has not filed version.  Hence set exparte.  The complainant was absent continuously even after receiving notice to appear and give evidence.  Hence we are of the view that the complainant is not interested in adducing any oral evidence. However one document produced along with the complaint is marked as Ext.P1.  The unchallenged averments in the complaint coupled with Ext.P1 statement of account dated 20.04.2019 issued by the opposite party finance company would indicate that the complainant has availed the loan of Rs.3,00,000/- stated in the  complaint from the opposite party.  Finance company and agreed to repay the same with interest by 48 EMIs at the rate of Rs.9,660/- and also paid 11 EMI till 10.04.2019 regularly and the balance 37 installments are due from the complaint to the opposite party.  It is also clear from the averments in para 2 of the complaint that the opposite party has obtained 7 blank signed cheque leaves from the complainant as security for the due payment of the loan amount and agreed interest that the finance company has also obtained Tax receipts and connected documents from the sureties.  It is clear from the unchallenged averments in the complaint that the complainant is ready to repay the entire balance of principal amount with agreed rate of interest till clearing of the loan.  But the opposite party is not amenable for premature closure of the loan and also insists for payment of interest till 10.05.2022 which is the last date of payment of 48^th installment.  The above demand of the opposite party is primafacie unfair trade practice.   The opposite party is lawfully liable to receive the balance principal loan amount due from April 2019 onwards and close the loan account of the complainant.  It is the further case of the complainant that though there was sufficient amount in his bank account the opposite party deliberately delayed the encashment of cheque and thereby realized Rs.2,000/- as cheque return charge.  It is true that the above allegation remains unchallenged, but without any sort of evidence this commission could not come to the conclusions that there were sufficient amount in the bank account and even then the cheques were returned as alleged.  No specific relief in this regard has been asked in the complaint also. 

On evaluating the entire materials available on record we come to the conclusion that   there is deficiency in service and unfair trade practice on the side of opposite party.  Therefore the complaint is only to be allowed.

            In the result complaint stands allowed in the following terms:-

1. The opposite party is directed to receive the balance installment due, if any, from April 2019 till the date of complaint after calculating the balance amount due towards the principal amount and close the loan availed in the name of the complainant and to return the documents if any obtained from the complainant and his guarantors.
2.  The opposite party is also directed to pay Rs.5,000/- to the  complainant as compensation for deficiency in service .
3. As the complainant failed to adduce any evidence no costs is awarded.
4. Opposite party is directed to comply with above directions within 45 days from the date of this order failing which the complainant is entitled to get the order executed U/s 25 and 27 of the Consumer Protection Act, 1986.

Dictated to the Confidential Assistant  Smt. Minimol.S transcribed and typed by her corrected by me and pronounced in the  Open Commission this the 20^th  day of  December 2021.

STANLY HAROLD:Sd/-

E.M .MUHAMMED IBRAHIM:Sd/-

         S.SANDHYA RANI:Sd/-

Forwarded/by Order

                                                                                       Senior superintendent

INDEX

Witnesses Examined for the Complainant:-Nil

Documents marked for the  complainant

Ext.P1             : Statement of account dated 20.04.2019

Witnesses Examined for the opposite party:-Nil

Documents marked for opposite party:-Nil