CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM.
Present
Sri. Santhosh Kesavanath P. President
Smt. Bindhu M. Thomas, Member
Sri. K.N. Radhakrishnan, Member
CC No.161/2010
Tuesday, the 31st day of May, 2011
Petitioner : Abdul Kareem,
S/o Abdul Khader,
Edathara House,
Near Puthyadheen Juma Masjid,
Punjavayal PO, Kottayam.
(By Adv.Avaneesh V.N)
Vs.
Opposite parties : 1) Anupam finlease(India) Ltd., represented by its
Managing Director, 9, Kandappamudali Street
Elphant Gate,Chennai-600079.
2) Branch Manager,
Anupam Finlease (India) Ltd., Near Travancore
Cement Junction, Nattakom PO, Kottayam.
3) Manager,
Sriram Transport Finance Ltd,
Kottayam Branch.
(Adv. K.S. Asif)
O R D E R
Sri. K.N. Radhakrishnan, Member.
The case of the complainant is as follows. He had purchased a new Bajaj R/E Autorikshaw bearing Reg.No.KL-34 / 708, with the financial assistance made by the 1st opposite party. The loan amount was for Rs.80,000/- The E.M.I was fixed at Rs.3200/- including interest. The total amount including interest and other charges was Rs.1,15,370/-. As per the agreement the complainant should pay the loan amount in 36 installments. At the time of taking the loan as a security, the opposite party demanded the origianl R.C. Book, duplicate Key and 3 blank cheques signed by the complainant. Accordingly the complainant handed over the original R.C. Book, duplicate key and 3 blank cheques of SBT Erattupetta. The complainant was regularly remitting the loan amount at the office of the 2nd opposite party which started from 4/10/2006 and on 4/9/09. He had closed the loan on 22/9/09 by remitting the balance amount of Rs.30,670/-. At that time the complainant demanded to return the original R.C. Book, duplicate key and signed blank cheques from the opposite party. The opposite party intimated that all those articles were kept in their head office at Chennai and within 15 days that will be handed over to him. But even after months they did not handed over the documents and the key. Instead of this the opposite party demanded Rs. 35,000/- to be remitted and that amount is outstanding as dues. But actually the complainant remitted all the dues and the loan amount. The complainant several times approached the opposite party and demanded for the R.C. Book and other documents. But the opposite party did not turn up. They told that, due to the outstanding dues, they could not return the documents. The complainant has already remitted more amounts than agreed in the agreement. There was clear deficiency in service on the part of the opposite parties. Hence this complaint.
The notices were served with the opposite parties. The 3rd opposite party did not appear even after accepting the notice from this forum. Hence the 3rd opposite party set expartee. The opposite parties 1 and 2 entered appearance and they filed their version contenting as follows. The complaint is bad for non-joinder of necessary parties. The complainant availed vehicles loan from Shri. Ram Transport Finance Co.Ltd, Mylapore, Chennai. These opposite parties are only franchisee of Shri Ram Transport Finance Co.Ltd. But the said financier has not made in the party array of the complaint, without proper adjudication of the complaint cannot be possible. There is a specific condition in the agreement that, “All disputes, differences and or claims arising of loan agreement whether during its subsistence or there after shall be settled by arbitration in accordance with the provisions of the Arbitration and conciliation Act 1996. As per the compliance of the arbitration provision, a sole arbitrator was appointed for settling the disputes and it was communicated to the complainant even after filing this complaint. Now the matter is pending before the sole arbitrator, so a parallel proceeding is not maintainable le before the Forum. The complainant purchased commercial vehicle, the transaction between complainant and the opposite parties is a commercial transaction and will not come under the purview of Consumer Protection Act. The complainant is not regular in paying the loan amount. Not even a single installment is paid in time. There was no deficiency in service on the part of the opposite parties. Hence the complaint may be dismissed with costs.
The complainant filed proof affidavit and documents which are marked as exhibits A1 and A2. The opposite party 1 and 2 filed proof affidavit and documents which are marked as exhibits B1 series.
Heard both sides. We have gone through the complaint, version, documents and evidences. The case of the complainant is that the opposite parties has not returned the documents ( ie R.C. Book, Key cheque leaf set) to him. According to him he has remitted all the loan amount as per the loan agreement. The opposite parties made a contention that the complainant was a defaulter in remitting the loan amount. According to them the complainant was to be remitted some more amount as dues. Admittedly the complainant has remitted the loan amount. The 3rd opposite party the actual financier has not adduced any evidence to show that the complainant was to remit so much of the loan amount. From the available evidence and documents there was no evidence to show that the documents were handed over to the complainant. Moreover 3rd opposite party the actual financier was not contested the case against them even after accepting the notice from this forum. Hence we have no reasons to dis-believe the case of the complainant. We are of the opinion that the case of the complainant is to be allowed.
In the result the complaint is allowed as follows. We direct the opposite parties to return the R.C.Book duplicate key and the un-used cheques leaves to the complainant and pay Rs.5000/- as compensation for inconveniences and loss sustained due to the act of the opposite parties. All the opposite parties are jointly and severally liable to compensate the complainant. We direct the opposite parties to pay Rs.1000/- as costs of these proceedings. The order shall be complied with within a period of one month from the date of receipt of a copy of this order.
Sri. K.N. Radhakrishnan, Member Sd/-
Sri. Santhosh Kesavanath P. President Sd/-
Smt. Bindhu M.Thomas, Member Sd/-
Appendix
Documents produced by complainant
Ext.A1-is the copy of R.C. Book
Ext.A2-series is the copy of receipts
Documents produced by the OP1 and OP2
Ext.B1-series is the copy of loan agreement and others.
By Order,
Senior Superintendent.
