DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Dated this the 26th day of September 2011
Present : Smt. Preetha G Nair, Member
: Smt.Bhanumathi.A.K. Member Date of filing: 07/07/2011
(C.C.No.100/2011)
Ravikumar.N.S.
S/o.Sankaran,
Neelichira Veedu,
Chittilanchery Amsam,
Melarcode Village,
Alathur Taluk,
Palakkad. - Complainant
(Party in person)
V/s
1. Rasi Investment,
Rajamill Road,
Pollachi – 642 001
Rep.by Managing Director
2. Rasi Investment,
Kollengode Branch,
Thrissur Road,
Kollengode – 678 506
Rep.by Branch Manager. - Opposite parties
O R D E R
By Smt.PREETHA G NAIR, MEMBER
Facts of the case.
The complainant availed financial service from 2nd opposite party for purchasing TVS XL Super HD KL49-A-1532. The complainant purchased the TVS XL Super HD from M.A. Auto Agencies, Thrissur Road, Kollengode. The complainant is doing door to door delivery business for livelihood. The 1st opposite party is the finance company of the 2nd opposite party. At the time of taking the loan both parties agreed that after paying the installment amount returned the RC book and documents. The complainant purchased the vehicle for an amount of Rs.25,655/- and Rs.9600/- was paid in the first installment to M.A.Auto Agencies. The complainant had agreed to pay balance amount of Rs.17,000/- in 24 installments. The complainant paid full amount with interest in installments from 24/12/2008 to 6/12/2010. The installment amounts were mentioned in the opposite parties pass book and receipts. Thereafter the complainant approached 2nd opposite party and demanded the duplicate key, RC book and other documents. But 2nd opposite party stated that the full loan amount not paid by the complainant. The complainant demanded several times to return back the duplicate key, RC book and other documents to the 2nd opposite party. But the opposite parties not responded. On 31/5/2011 the complainant had issued lawyer notice to opposite parties. But the opposite parties not replied. The act of opposite parties amounts to deficiency in service and unfair trade practice and caused mental agony to the complainant. Hence the complainant prays for an order directing the opposite parties to
1. Return the RC book, duplicate key and other documents.
2. Pay Rs.1,00,000/- as compensation for mental agony
3. Pay Rs.1500/- as cost of the proceedings.
After admitting the complaint notice was issued to opposite parties. But the opposite parties were absent. Hence both opposite parties set exparte.
Complainant filed affidavit alongwith documents. Ext.A1 to A6 marked. Matter was heard.
Issues to be considered are
1) Whether there is any deficiency in service and unfair trade practice on the part of opposite parties ?
2) If so, what is the relief and cost entitled to the complainant ?
Issue No.I & II
We perused relevant documents on records. As per Ext.A1 the complainant had purchased the vehicle from M.A. Auto Agencies, on 24/11/08 under HP with Rasi Investment Pollachi. According to Ext.A2 the complainant had paid 24 installments as Rs.1020/. But the complainant has not paid the amount on the due date. On 21/5/09, 24/6/10, 20/10/10 and 6/12/10, the complainant paid Rs.2040/- per month. In Ext.A2 the due date is 24th day of each month. But the complainant has not paid the amount on 24th day of each month. In Ext.A1 series, in the receipt mentioned that the loan Rs.17,000/- 1020 x 24. The Ext.A1 series receipt was in the name of M.A.Auto Agencies. The complainant argued that the opposite parties have not issued any receipt in the name of loan. Also the opposite parties have not filed version and affidavit. We considered that the loan amount of Rs.17,000/- with huge interest was demanded by the opposite parties. The complainant has paid full amount with interest. In Ext.A2 and Ext.A3 series shows that the complainant has paid all installments. No evidence was produced by the complainant to prove that the terms and conditions of the loan amount. We find that the opposite parties demanded more than 14% interest in the loan amount and the complainant paid full amount. In Ext.A4, A5 and A6 series the complainant issued lawyer notice to opposite parties and they received the notice. But the opposite parties not replied. Complainant stated that the opposite parties not returned the RC book, duplicate key and No Objection Certificate after receiving the lawyer notice. The act of opposite parties amounts to deficiency in service. The complainant has not paid the loan amount in the due date. So we cannot considered the compensation for mental agony.
In the above discussions we are of the view that there is deficiency in service on the part of opposite parties. Hence the complaint partly allowed.
We direct the opposite parties jointly and severally liable to
1) Return the RC book, duplicate key and other documents within one month from the date of receipt of order and
2) Pay Rs.1,000/- (Rupees One thousand only) as cost of the proceedings to the complainant.
3) If the opposite parties failed to return the RC book, duplicate key and documents within the ordered period, an additional amount of Rs.10,000/- (Rupees Ten thousand only) shall paid to the complainant.
Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest per annum for the whole amount from the date of order till realization.
Pronounced in the open court on this the 26th day of September 2011.
Sd/-
Smt.Preetha G Nair
Member
Sd/-
Smt. Bhanumathi.A.K.
Member
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1 series– New Vehicle Delivery note (Original) issued by MA Auto Agencies
dt.24/11/08 and Receipt for Rs.25655/-
Ext.A2 – Pass Book (Original) issued by opposite parties
Ext.A3 series – Original receipts of installments paid issued by opposite parties
(20 nos)Ext.A4 – Lawyer notice sent to opposite party by the
complainant dtd.30/5/2011
Ext.A5 –Postal receipts
Ext.A6 – Postal Acknowledgement cards
Exhibits marked on the side of the opposite parties
Nil
Cost Allowed
Rs.1,000/- allowed as cost of the proceedings
