Tamil Nadu

South Chennai

CC/278/2019

Mrs. Girija Nethaji - Complainant(s)

Versus

Mrs. Hinduja Leyland Finance - Opp.Party(s)

N. Maheswaraiah

23 Aug 2022

ORDER

Date of Complaint Filed :25.10.2019

Date of Reservation      :25.07.2022

Date of Order               :23.08.2022

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT: TMT. B. JIJAA, M.L.,                                           : PRESIDENT

                     THIRU. T.R. SIVAKUMHAR, B.A., B.L.,          :  MEMBER  I 

                     THIRU. S. NANDAGOPALAN., B.Sc., MBA.,   : MEMBER II

 

CONSUMER COMPLAINT No.278/2019

TUESDAY, THE 23^rd DAY OF AUGUST 2022

Mrs. Girija Nethaji,

Proprietrix, Chennai Traders,

No.2, Brindavan Street Extn,

West Mambalam,

Chennai – 33.                                                                   …Complainant

 

-Vs-

M/s. Hinduja Leyland Finance,

Rep by its Director,

No.27-A, Developed Industrial Estate,

Guindy,

Chennai -32.                                                                 …Opposite Party

******

Counsel for the Complainant        : M/s.N. Maheswaraiah

Counsel for the Opposite Party     : Exparte

 

        On perusal of records and on having treated the written arguments of the Complainant as oral arguments, we delivered the following:

ORDER

Pronounced by the President Tmt. B. Jijaa, M.L.,

1.      The Complainant has filed this complaint as against the Opposite Parties under section 12 of the Consumer Protection Act, 1986 and directing the Opposite Party to issue “No Objection Certificate” in reference to the vehicle number TN-09-BR-8689, vide contract Number TNCHKL00108 and to pay a sum of Rs.1,00,000/- towards damages, compensation for mental agony and hardship caused to the Complainant and to pay a sum of s.10,000/- towards cost of the complaint.

2.     The averments of Complaint in brief are as follows:-

The Complainant wanted to purchase a vehicle for livelihood purposes and accordingly settled for Ashok Leyland Dost vehicle and in the said process she approached KUN Capital Automotive Ltd., G.N.T. Road, Madhavaram, Chennai 600060 in December 2012, who issued retail invoice for Dost LS BS IV vehicle for the cost of Rs. 4, 56,000/- on 26.12.2012, and M/s KUN Capita: Automotive Ltd, also counseled the Complainant to approach the Opposite Party for financial assistance. The Complainant as per the advice of M/s KUN Capital Automotive Ltd approached the Opposite Party for financial assistance on 29.12.2012 and the Opposite Party assured to render financial assistance to the Complainant to the tune of Rs 45000/- and the Complainant was expected to repay Rs. 6,00,000/-. The Complainant entered into Hire Purchase Agreement with the Opposite Party for purchase of Ashok Leyland Dost vehicle on 29.12.2012 and paid Rs. 60,000/- as margin money, and it was understood that the Opposite Party will be paying the balance amount directly to KUN Capital Automotive Ltd., who are dealer for Ashok Leyland vehicles. As per the agreement entered with the Opposite Party she has to pay a sum of Rs. 12,545/- as EMI, @ 60 installments commencing from 15.02.2013 till 17.11.2016 and such payments were to be paid through post dated cheques favouring the Opposite Party and strangely the Opposite Party for reasons best known chose not to part the Complainant copy of the Hire Purchase Agreement. The Complainant took delivery of the vehicle bearing No.TN-09-8687, @contract number TNCHKL00108 from the KUN Capital Automotive Ltd. The Complainant states that the cheques issued by the Complainant towards EMI should be presented for encashment on the dates as mentioned in the cheques and it would be valuable to note that the Complainant made the entire payment due under the Hire Purchase Agreement on November 2016 itself that too without any default. After completing the entire dues the Complainant  approached the Opposite Party during the 1 week of February 2017 with a request to issue "No Objection Certificate", yet the Opposite Party weirdly refused to issue "No Objection Certificate" by stating that the Complainant is liable to pay a sum of Rs. 98,000/- towards the overdue charges. She has given post dated cheques for all the installments favoring the Opposite Party at the time of entering the agreement hence the Opposite Party is obligated to present the same for towards EMI at the due date and the Complainant by no stretch of imagination be fastened with any liability for failure on the part of the Opposite Party to present the cheques for collection on the due date or in other terms the Opposite Party is estopped from taking advantage of their own wrong and consequently make wrongful gain at the cost of the Complainant. she is not at all fault for belated presentation of cheques and encashment as duty is cast upon the Opposite Party to check the due dates and present all post dated cheques in the date mentioned therein without fail therefore the Complainant by no mean is liable for overdue charges. the attitude of the Opposite Party not issuing the "No objection Certificate"  inspite of the Complainant discharging the entire loan amount due under the Hire Purchase Agreement clearly amounts to deficiency of service and on account of their Commission and Omission the Complainant is put to unwarranted hardship and mental agony. The Complainant issued a Legal Notice on 24.8.2019 calling upon the Opposite Party to comply with the demands set out there in and the Opposite Party received and acknowledged the same however neither chose to comply with the demands set out there in much less than issued any reply which perse reflects their care they have for the Complainant. Hence the complaint.

3.      The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents Ex.A-1 to Ex.A-5  were marked.   

4.     The Opposite Party did not appear before this commission even after sufficient notice was served on them and remained set exparte.

5.     Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

 

Point No.1:

On perusal of Ex.A-3 it is found that the Complainant had availed loan from the Opposite Party by entering into an Agreement on 29.12.2012 with the Opposite Party for the purchase of vehicle bearing No.TN-09-8687, which loan amount has to be repaid in Equated Monthly Instalments of Rs.12,545/- commencing from 15.02.203 to 17.11.2016  for 47 Instalments which includes principal and interest. Ex.A-3 reveals that the Complainant was regular in payment of monthly instalments and there was no cheque bounces except for one cheque No. 1123 dated 15.02.2016 which amount was also realized on 15.02.2016. Though the cheques were not realized on their due dates, the cheques issued by the Complainant are neither bounced and were realized on the same month which shows that the Opposite Party delayed in presentation of cheques for which additional financial charges are being demanded from the Complainant. As the Complainant had made the entire payment due under the Hire Purchase Agreement , the Complainant had approached the Opposite Party for No Due Certificate, which was refused stating that a sum of Rs.98,000/- is due payable by the Complainant to the Opposite Party. The Complainant vide legal notice dated 24.08.2019, Ex.A-4  had called upon the Opposite Party to issue “No Objection Certificate” in respect of his vehicle. However, the Opposite Party on receipt of the said notice, Ex.A-5 had failed to respond. Even in the present complaint the Opposite Party remained exparte.

Considering the facts and circumstances of this case and the Exhibits marked on the side of Complainant, this Commission is of the view that the Opposite Party by charging Additional Finance Charges every month without any cheque bounces and after realizing the entire EMI from the Complainant had failed to issue No Objection Certificate, under the guise of outstanding due payable by the Complainant without proper explanation even after sufficient notice to them amount to deficiency in service. Accordingly Point No.1 is answered.

Point No.2 and 3:-

As discussed and decided Point No.1 in favour of the Complainant, the Opposite Party is liable to issue No Objection Certificate in reference to the vehicle number TN-09-BR-8689 vide Contract Number TNCHKL00108 and to pay the sum Rs.20,000/- towards the deficiency of service and mental agony caused to the Complainant along with cost of Rs.3000/-. Accordingly, Point No.2 is answered in favour of the Complainant. As Point Nos 1 and 2 are answered in favour of the Complainant, the Complainant is not entitled for any other reliefs.

        In the result the complaint is allowed in part. The Opposite Party is directed to issue No Objection Certificate in reference to the vehicle number TN-09-BR-8689 vide Contract Number TNCHKL00108 and to pay the sum Rs.20,000/- (Rupees Twenty Thousand Only) towards the deficiency of service and mental agony caused to the Complainant along with cost of Rs.3000/- (Rupees Three Thousand Only), within 8 weeks from the date of receipt of this order, failing which the above amounts shall carry interest at the rate of 6% p.a from the date of this order till the date of payment.

In the result the Complaint is allowed.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 23^rd of August 2022.

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

 

List of documents filed on the side of the Complainant:-

 

Ex.A1	26.12.2012	Copy of Retail invoice issued by the KUN capital
Ex.A2	07.01.2013	Copy of Registration Certificate of the vehicle
Ex.A3	-	Copy of Statement of accounts regarding the payment issued by the Opposite Party
Ex.A4	24.08.2019	Copy of Advocate notice sent by the Complainant
Ex.A5	09.09.2019	Copy of Delivery slip

 

List of documents filed on the side of the Opposite Party:-

 

NIL

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                   B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT