By. Smt. Beena. M, Member:-
This is a complaint filed under section 35 of the Consumer Protection Act 2019.
2. Facts of the case in brief: The Complainant has availed a vehicle loan of Rs.50,050/-from the Opposite Party No.1 for the purchase of BAJAJ AVENGER Two-wheeler bearing Registration No. KL-55-AB- 8251. The loan was to be repaid in 24 monthly instalments of Rs.3,086/- starting from 15.04.2022 till 15.03.2024. As per the loan agreement the Complainant has to pay the total agreement value of Rs.74,064/-. The Complainant has paid the loan instalments regularly without any delay and the Opposite Parties has collected an amount of Rs.92,150/- instead of Rs.74,064/- by way unfair trade practice. The Complainant has questioned the excess amount collected by the Opposite Parties, they threatened the Complainant and told him that NOC won’t be issued and after several requests and demands NOC was issued by the 2nd Opposite Party. The Opposite Party has charged registration charges and other certain charges illegally from Complainant. The Complainant has not defaulted and instalment and he is only liable to pay the monthly loan instalments and not bound to pay any other charges. The Opposite Party has collected an excess amount of Rs.18,086/- and the Opposite Parties are liable to return the same to the Complainant with interest. Several times the Complainant requested and demanded the Opposite Party to return the excess amount collected, instead of threatening the Opposite Parties has not returned the amount to Complainant. The Complainant now realize that the Opposite parties won’t return the amount without the recourse of the law. The complainant has suffered high degree of mental agony, financial hardships. Hence this complaint filed seeking the following reliefs;
- Direct the Opposite Parties to return an amount of Rs.18,086/- to Complainant jointly and severally with 18% interest till realization.
- Direct the Opposite Parties to pay jointly and severally an amount of Rs. 5,00,000/- to the Complainant as compensation against the unfair trade practices of Opposite Parties
- Direct the Opposite Parties to pay jointly and severally an amount of Rs:1,00,000/- to the Complainant as compensation against the injury, loss and damage suffered by Complainant.
- Direct the Opposite Parties to pay Rs.20,000/- as the cost of this proceedings.
- To grant any other reliefs that this Commission deems fit to grant.
3. The Commission issued notice to the Opposite Parties. Even though the receipt of the said notice the Opposite Party did not appear before this Commission. Hence the Opposite Party called absent and set ex-party on 06.08.2024.
4. The Complainant filed proof affidavit and was examined as PW1 and the documents produced were marked as Ext.A1 to A3.
5. Heard and perused the documents produced by the Complainant.
6. Points for consideration are as follows:-
- Whether there is any deficiency in service on the part of Opposite Parties?
- Whether the Complainant is entitled to get the relief prayed for?
7. The loan account statement, Ext.A1, reveals that the Complainant had paid all the instalments in time, but the Opposite Party collected registration charges and cheque bounced charges from the account of the Complainant. Moreover, Ext.A3 shows that the Opposite Party has given no objection to cancel the loan hypothecation endorsement. As no one has come forwarded from the side of the Opposite Party to contest the allegations of the Complainant, which are otherwise appears to be genuine and supported by documents, in that we have no alternate to believe the contents of the complaint, which are un-rebutted. The Complainant has proved the complaint averments through Ext.A1. So, the Opposite Party has committed deficiency in service against Complainant. In the view of the above discussion, we are of the view that the Complainant is entitled for the refund of the excess amount collected by the Opposite Party along with compensation and costs and the Opposite Parties are liable to pay the same for the deficiency in service rendered by them. Here the Complainant has not filed any evidence to substantiate for granting of compensation of Rs.5,00,000/- for unfair trade practice and Rs.1,00,000/- as compensation for the injury loss, damage suffered. Hence, we are limiting the amount to Rs.10,000/- as compensation which is just and reasonable.
In the result, the complaint is partly allowed and the Opposite Parties are directed to refund an amount of Rs.18,086/-(Rupees Eighteen Thousand Eighty Six only) towards the excess amount collected by the Opposite Parties along with compensation of Rs.10,000/- (Rupees Ten Thousand Only) and Rs.5,000(Rupees Five Thousand Only)towards cost of the proceedings to the Complainant.
The above order shall comply within 30 days from the date of receipt of this order, failing which the above amount shall carry interest at the rate of 9% p.a., from the date of this order till the date of realisation.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 18th day of November 2024.
Date of Filing:-13.05.2024.
PRESIDENT : Sd/-
MEMBER : Sd/-
APPENDIX.
Witness for the Complainant:-
PW1. Dileep. K. R. Business.
Witness for the Opposite Parties:-
Nil.
Exhibits for the Complainant:
A1. Copy of Loan Account Statement.
A2. Voucher. Dt:21.02.2024.
A3. Copy of NOC. Dt:23.03.2024.
Exhibits for the Opposite Parties:-
Nil.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
ASSISTANT REGISTRAR
CDRC, WAYANAD.
Kv/-
