BEFORE THE DISTRICT CONSUMER’S FORUM: KURNOOL

Present: Sri. K.V.H.Prasad, B.A., L.L.B., President,

And

                                                                                Smt. C.Preethi,M.A.,L.L.B., Member

Sri R.Ramachandra Reddy, B.Com.,LL.B.,Member

Thursday the 20^th day of Nov, 2015

C.D.No.121/2002

Between:

M.Srinivasa Reddy,

H.No.B/C-64,B-Camp,

Kurnool.                                              Complainant represented by his Counsel Sri P.Siva Sudarshan.

VS

1. M/s Kinetic Finance Lt

4704,Pune-Mumbai Road,

Pimpri Chowk,Pune-411018.      

2. M/s Sri Durga Automotives,

50/800, Gooty Road, Kurnool                    Opposite party No.2 reprented by his Counsel Sri K.Kapileswaraiah                        

1. This consumer dispute case the complainant is under section 11 and 12 of the C.P.Act, 1986 seeking Rs.20,000/- towards the compensation and mental agony and to return the entire documents duly cancelling the hire purchase entry in the vehicle record from the opposite parties

2. The brief facts of the case per the complaint of the contents of the said complainant are that he has purchase kinetic challenger motor cycle from the Op2 for Rs.40,953/- as per the invoice No.2109 dt.21.03.2001. Initially he paid Rs.20,334/- and balance amount Op1 agreed to arrange the finance to the vehicle at 8.5 percent slab interest scheme and as per the rules of the Op1 the complainant should re-pay the finance amount to the Op1 on 10 equal monthly installments i.e., Rs.2,794/- per month, accordingly as per the said agreement complainant issued the 10 post dated cheques of SBI, Bhudavarpet, Kurnool. In favor of the OP1 each cheque value Rs.2,794/- commencing from 07/05/2001 to 7.2.2002. According he has deposited the said amount every month regularly and the said post dated cheques issued to the Op1 have been honoured and thus by 7.2.2002, the entire loan amount has been cleared, even though he personally approached the Ops 1 and 2 they did not return the documents duly cancelling the hire purchase entry in the vehicle record.

3. The complaint in support of his complaint filed written arguments his sworn affidavit with the memo filed the following original documents i.e., invoice No.2109, dt.23.3.2001 letter dt.30.5.2001 letter dt.17.1.2002 these are marked as Ex A1 to A3 for their appreciation in support of his case.

4. The Ops 1 &2 made their appearance in this case on receipt of the notice of this forum as to this case and filed their sworn affidavit and written version in answer to the complaint averments and claim.

5. The objection statement version and the sworn affidavit of the Op2 seeks the dismissal of the complaint with costs besides the questioning the justness and maintainability of the complainant case both in law and facts and the complainant un-necessarily of the complainant is not against him i.e., Op2 and the reliefs asked by the complainant is only against the Op1 and even the dispute is also between the complainant and the Op1 only and further submits that the cheques are issued in the name of the Op1 only and the said documents are to be released by the Op1 and but not Op2.

6. The objection statement version and the sworn affidavit of the Op1 seeks the dismissal of the complaint besides the questioning the justness and maintainability of the complainants case both in law and facts and the complainant has no cause of action to file this complaint, but filed with malafide intention to be compensated for no loss. Op1 in his objection statement admits that as per the schedule which was communicated to the complainant in the month of may,2001 he has presented the cheques that was given by the complainant and was honoured accordingly and the Op1 has issued the no due certificate and the same was received by the complainant on 8.10.2002 and given a letter acknowledgement  the same this letter marked as ExB1 for its appreciation.

7. Hence the point for consideration is whether the complainant s entitled to the reliefs prayed for

8. The complaint in his complaint, sworn affidavit and the written arguments submits that he has purchased kinetic challenger 100 CC Motor Cycle as per the invoice is held under the agreement of hypathication purchase with the kinetic finance lt. Pune i.e., the Op1 in which the Op2 is the authorized dealer original invoice was filed which was marked as Ex.A1 the letter of the kinetic finance LimitedPune, dt.30.5.2001 which shows the re-payment schedule of the complainant hire purchase loan taken through Sri Durga Automotives, Kurnool which was marked as Ex A2 and the letter of the complainant addresses to the M/s Kinetic Finance Ltd., Pune (Op1) under the copy to the Op2 dt.17.1.2002 which was marked as Ex A3 for their appreciation. The complainant support of his case relied upon the Ex A2 & A3 and they revealed that the complainant cleared the loan availed on 7.2.202 it self and it is the obligatory on the part of the Op1 to issue the loan clearance certificate and to return his original documents to enable the complainant to get it cancel the hire purchase entry. The vehicle record with the RTA authority, the Op1 failed to issue the loan clearance certificate in the reasonable time, but after considerable delay i.e., on 08/10/2002 without sub standing it with the co-gent material and was marked as Ex B1 return the original RC Book in respect of the vehicle register No.AP.21.G.93 along with no objection and no due certificate. The above said conduct of the OP1 amounts to deficiency of service and there by entitling the complainant the reliefs sought in his complaint.

9.  As no cause of action is made out against the Op.2 the complaint against the Op2 is dismissed

10. In the result the complaint and in sum up of the above discussion the complaint is allowed directing the Op1 to pay sum of Rs.300/- towards compensation and mental agony and cost of Rs.500/- and the Op1i granted one month time from the date of receipt of this order for compliance of the said order. In default the Op1 has to pay the supra awarded amount with 12 percent interest per annum from the date of the default till realization.