By. Sri. P. Raveendran, Member:-
The brief of the complaint:- The complainant has obtained a loan of Rs.3,65,000/- from opposite party for purchasing a car bearing No. KL 12 D 3051 during April 2008. The complainant has to re- pay the above amount with interest by 36 monthly installments. For each installments he has to pay Rs.11,920/- per month. The opposite party has issued a chart to the complainant. As per the chart the complainant has been entrusted the amount with one Shaju who is the agent of the opposite party. At last during March 2007 the complainant approached the above said Shaju for remitting the last installment. At that time the opposite party demanded
Rs.30,000/- from the complainant for closing the loan and for issuing the loan cancellation certificate and other documents due to the complainant and thereafter the opposite party demanded Rs.29,100/- towards the loan amount by issuing a notice. The above acts of the opposite party is deficiency in service and unfair trade practice. Hence it is prayed that the opposite party may be directed to accept Rs.11,920/- from the complainant and issue loan cancellation certificate in respect of the vehicle No. KL 12 D 3051. If opposite party No.1 is not issuing the cancellation certificate opposite party No.2 may be directed to cancel the loan endorsement in the RC and grant Rs.10,000/- as compensation Rs.1,000/- as cost of this litigation.
2. The opposite party No.1 appeared and filed their version along with the statement of account. Opposite party No.2 has not filed their version in time. Hence opposite party No.2 is set exparte. In the version of opposite party No.1 he admitted that in April 2008 the complainant has availed a loan of Rs.3,65,000/- from opposite party to purchase the car No. KL 12 D 3051 and he
agreed to re pay the amount by 36 installments. For this purpose they issued a chart. The opposite
party has obtained 36 dated cheques from the complainant. When the cheque is dishonored from
the bank then only the opposite party sending his staff to collect the amount. 19 cheques issued by the complainant were dishonored by the bank due to insufficient of funds. Therefore the complainant has not remitted the installments in time as shown in the chart. So the opposite parties collected overdue interest and other charges from the complainant as per the agreement made between complainant and opposite party. The loanee who paid the amount as per the chart is entitled to get the benefit from the opposite party. Since the complainant is a defaulter he is not entitled to get any benefit from the opposite party. Rs.29,100/- shown in the notice is the amount to be paid by the complainant till 12.07.2011 to opposite party. Now he has to pay Rs.36,547/- to
the opposite party . There is no deficiency of service unfair trade practice on the part of opposite party No.1, and the complainant is not entitle to get any relief from this opposite party. Hence the opposite party prayed to dismiss the complaint with cost of the opposite party.
3. Considering the complaint and version of opposite party No.1 the following points are to be considered.
Point No.1:- Whether there is any deficiency of service on the part of the opposite parties?.
Point No.2:- Relief and Cost.
4. Point No.1:- To prove the complainant's case he has filed chief affidavit and produced Exts.A1 to A3 documents. Ext.A1 is the copy of the chart issued by the opposite party to the complainant. Ext.A2 is the copy of the notice issued by the advocate on behalf of opposite party No.1 to the complainant. The Notice dated 11.03.2011 demanded to pay a sum of Rs.29,100/- within a period of 7 days. Ext.A3 series is the 12 receipts of payment issued by the opposite party. The receipts are from 15.07.2009 to 09.12.2011.
5. On perusing statement of accounts produced by the opposite party along with their version. It is clear that on 04.04.2008 the complainant has obtained a loan of Rs.3,65,000/- from the opposite party. It shows that the complainant has to repay Rs.4,28,600/- in 36 installments On perusing the above account statement it is clear that complainant remitted Rs.6,57,400/-. According to the statement the complainant has to pay Rs. 6,68,160/-. In addition to the above amount he has to pay Rs.11,640/- as collection charges and Rs.9,931/- as over due interest and
Rs.4,090/- as cheque dishonor charges. Moreover the complainant has to pay Rs.2,896/- as documentation charges and Rs.1,124/- as bank charges.
6. On perusing Ext.A3 series dated 07.12.2009 it is seen that the complainant has paid Rs.48,000/- to the opposite party, but in the account statement produced by the opposite party it is seen that the complainant is paid Rs.47,680/-. The balance amount is treated as over due interest. The above deduction is seen in Ext.A3 series dated 24.02.2010 comparing with account statement produced by opposite party No.2. That means in addition to the above mentioned amount the opposite party has collected more amount from the complainant as cheque dishonor charges. As per the above account statement the complainant has to pay Rs.6,93,821/-. On perusing the account statement filed by the opposite party it is clear that the system of accounting adapted by opposite party is unjust and unmerited. Hence we think that this is a fit case to apply, the decision of Honorable National Commission reported in CPJ 2008 01 page 40 held in Ashok Leyland Finance Limited and others versus Ramjilal Gupta. In the complaint the complainant admitted that one installment is due to the opposite party. On perusing Ext.A3 series it is found that the complainant has not remitted the amount as per the chart given by the opposite party. Hence the opposite party is entitle to get some over due interest.
7. Point No.2:- So the complainant has to pay one installment due to the opposite party and overdue interest that is Rs.18,000/- to the opposite party. On getting the above amount the opposite party No.1 has to issue Loan Cancellation Certificate in respect of the vehicle No. KL 12 D 3051 to the complainant. After obtaining the above amount if opposite party No.1 fails to issue Loan Cancellation Certificate to the complainant the opposite party No.2 is directed to cancel the
loan endorsement in the RC in respect of the above vehicle.
In the above mentioned circumstances, the complaint is partly allowed and the complainant is directed to pay Rs.18,000/- (Rupees Eighteen Thousand Only) to the opposite party No.1. On getting the above amount the opposite party No.1 is directed to issue Loan Cancellation Certificate to the complainant. After getting the above amount the opposite party No.1 if failed to issue Loan Cancellation Certificate the opposite party No.2 is directed to cancel the loan endorsement in the RC in respect of the above vehicle. No order as to cost and compensation. This order is to be complied within 30 days from the receipt of this.
Pronounced in Open Forum on this the day of 31st October 2011.
Date of filing:04.04.2011.
