By Sri. K. Mohammed Ali, President,
Facts in brief:-
1. The case of the complainant is that he complainant approached the opposite party No.1 for getting a loan to purchase a vehicle Maruthi Estilo bearing the Registration No.KL10-AB-7314 and the opposite party provided the loan of Rs.2,00,000/- with a specific instruction to pay the loan amount with interest as EMI. An agreement was executed between them and as per the terms and conditions, the EMI was fixed as Rs.6,205/- payable on or before 29th of every month and thus, the total amount will be Rs.2,80,000/- as 48 monthly installments. When the loan was granted, the opposite party No.1 has obtained 17 blank signed cheque leaves, blank stamped papers, vouchers and Receipts, as security to the loan. Complainant claims that he had remitted 20 EMI of Rs.6,200/- with opposite party, for a period of 20-06-2008 to 11-01-2011. Apart from this Rs.7,850/- on 06-04-2010 and Rs.24,000/- on 21-03-2011, Rs.12,410/- and Rs.6,205/- was also paid on 11-01-2011. The complainant is ready and willing to pay the loan amount as agreed. The opposite party No.1 is adjusting the loan amount paid to inspection charge, interest on interest, collection charges etc. The total amount remitted by the complainant with the opposite party is Rs.2,34,171/- till 16-12-2013. Now, the only balance to the loan is Rs.45,829/-. Opposite party is demanding illegal amount. The complainant states that the opposite party is demanding Rs.25,365/- towards interest on interest and Rs.74,460/- towards the loan amount, which is illegal. The vehicle was seized and sold without any notice to complainant. He is ready to pay the entire loan amount with interest even now and opposite party is demanding illegal amount.
2. The opposite party No.1 and 2 filed counter statement by which the whole allegations in the complaint are emphatically denied. The loan and loan agreement were admitted by the opposite parties. According to opposite party, the complainant is a chronic defaulter without paying the EMI in time and attempted to destroy and dismantle the vehicle. It is contended by the opposite party that the complainant has to pay Rs.25,635/- is due to opposite parties as on date and an amount of Rs.74,460/- due as the future balance.
3. The main points that arises for consideration is as follows:-
(i) Whether the opposite parties are deficient in service.
(ii) Relief if any
4. Points No.(i) & (ii):-
The complainant admits that there is a balance of rs.45,829/- to be paid to close the loan. He has already paid Rs.2,34,171/- to the opposite party out of Rs.2,80,000/-. But the opposite party resists the claim of the complainant and states that there is a balance of Rs.1,32,688/- on 16-08-2011. The complainant has produced twelve receipts issued by the opposite parties, marked as Ext.A1 series. As per the Ext.A1 series the total amount that the complainant has deposited with opposite party as EMI is Rs.74,470/- in twelve receipts. Moreover, 13 receipts also produced by the complainant in which the entries have vanished, but it contain the name of the opposite party Mahindra Finance, printed in the rear side of it. So this Forum is not in a position to read and understand the amount mentioned in the thirteen receipts. At the same time, opposite party in his version has not disclosed how much amount the complainant has remitted as EMI and how much is the exact balance to be paid. How many receipts they have issued is also not known. An amount of Rs.25,635/- is due and Rs.74,460/- is due as the future balance. It is correct to say that the opposite party is adjusting the paid amount not to the loan, but to the inspection charge, interest on interest, collection charge etc. It is to be noted that the opposite party has already seized the said vehicle from the custody of the complainant. But both parties has not produced the details of the amount collected and amount of balance to be paid.
5. The Hon'ble High Court of Kerala, in W.P.C.No.25016 of 2011(B), has observed that in para No.4 of the Judgment dated, 20-01-2012 that “The Petitioner/Complainant on the other hand is aggrieved by the high handed action of the police in seizing the vehicle especially when no Criminal Case is registered. He relies on the candid admission of the first respondent Sub Inspector of Police in his counter affidavit dated, 28-11-2011 wherein it is averred that Police seized the vehicle and produced before Judicial First Class Magistrate Court, Malappuram. But the Hon'ble Court returned the same as no case was pending in the Court on the subject matter. As the Court has not received the vehicle the same has been released to the company in Kacheet.
6. So it is ambly proved that the vehicle is seized and in the custody of the opposite parties. The complainant cannot loose his money and the vehicle simultaneously.
7. In the result, we order the following:-
(i) The opposite parties shall return the vehicle No.KL10-AB-7314 to the complainant.
(ii) The complainant shall remit the full 48 EMI of Rs.6,205/- to the opposite party.
(iii) The amount already remitted by the complainant shall be deducted.
(iv) No separate charge shall be levied as inspection charge, interest charged on interest, collection charge, Notice charge, Additional Finance Charge etc., from the complainant.
(v) The Receipts produced by the complainant in the Forum and issued by the opposite party, in which the entries have vanished shall be verified from the records of the opposite party in the presence of the complainant and ascertain the exact amount paid and the exact balance to be paid.
(vi) The opposite party shall issue Hire Purchase Termination Letter regarding the vehicle No.KL10-AB-7314 to the complainant after receiving the balance amount, as discussed above.
(vii) The order shall be complied within one month from the date of receipt of copy of this order.
Dated this 13th day of February, 2015.
K. MOHAMMED ALI, PRESIDENT
R. K. MADANAVALLY, MEMBER
MINI MATHEW, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1(series) to A3
Ext.A1(series): Receipts (12 Nos.)
Ext.A2 : Photo copy of the statement of account dated, 04-04-2011
Ext.A3 : Photo copy of the registration certificate in respect of vehicle No.Kl10-AB-7314
Witness examined on the side of the opposite parties : Nil
Documents marked on the side of the opposite parties : Ext.B1 to B5
Ext.B1 : Photo copy of the Arbitration Agreement dated, 31-05-2008
Ext.B2 : Photo copy of the statement of account dated, 08-04-2011
Ext.B3 : Photo copy of the Arbitration Award
Ext.B4 : Photo copy of the statement of account dated, 31-12-2012
Ext.B5 : Loan Agreement executed between complainant and opposite parties
K. MOHAMMED ALI, PRESIDENT
R. K. MADANAVALLY, MEMBER
MINI MATHEW, MEMBER
