Present :      Sri. C.T. Sabu, President

                                                Smt. Sreeja. S., Member

                                                Sri. Ram Mohan R, Member

25^th day of January 2023

CC 433/21 filed on 17/09/21

Complainant:                  Sunderaswaran.T, S/o Dhamothara Menon,

                                      Thattat Houe, Pranavam Nagar, Ollukkara,

                                      Mannuthy.P.O, Thrissur- 680 651.

                                      (By Adv. Geo Francis, Thrissur)

Opposite Party:               M/s Kotak Mahindra Prime Ltd, Car Finance,

                                      Thrissur, Room No.28/509/30C, 2^nd Floor,

                                      Friends Mall Shopping Arcade, Shornur Road,

                                      Thrissur- 680 022. Rep.by Manager. 

                                      (Ex-parte)

O R D E R

By Smt. Sreeja S. Member:

          Complainant purchased a car in the name of Mahilamani.C for her use and for which he availed a loan of Rs.3,54,960/- (Rupees Three lakh Fifty four thousand nine hundred and sixty only) from the opposite party on executing an agreement. Tenure of the loan was 60 monthly installment of Rs.7,829/- (Rupees Seven thousand eight hundred and twenty nine only) as EMI. Regular payments of EMI were made up to and including 5^th June 2020 and as such 18 installments were paid by cheque. Opposite party informed the complainant over phone that 3^rd installment is not credited and demanded Rs.871/-. The complainant already paid the same. This act of opposite party amounts to unfair trade practice and against the principles of natural justice. After Mahilamani’s death, complainant was not willing to continue the loan account so he closed the remaining 42 installments by giving a total sum of Rs.2,79,635/- to the opposite party by cheque No. 400557, dated 08/07/2020 of the State Bank of India. Complainant had paid a total sum of Rs.4,20,557/- towards the loan transaction. Actually the amount due for the remaining 42 installments was only Rs.3,54,960/-. Opposite party had charged an excess amount of Rs.65,597/- from the complainant at the time of (one time) settlement. This is unfair trade practice from the side of the opposite party. The complainant had sent a lawyer notice for which there was no reply. The act of the opposite party has resulted in great deal of financial loss and mental agony to the complainant and same amounts to deficiency in service. Hence this complaint.

          2) On receiving complaint, notice was properly sent to the opposite party. Opposite party not appeared before this Commission and called absent set ex-parte.

          3) Complainant appeared before this Commission and filed proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He produced six documents which are marked as Exts. A1 to A6.    Ext.A1 is the loan agreement with conditions; Ext.A2 is the copy of RC book; Ext. A3 is the copy of tax token; Ext.A4 is the copy of cheque No. 400557 dated 08/07/20; Ext. A5 is the copy of lawyer notice dated 06/09/21 and Ext.A6 is the postal receipt dated 06/09/21.

          4) The case of the complainant is that he taken a loan for purchasing a car from the opposite party. Tenure of the loan was 60 installments. Regular payments of EMI were made. But in 3^rd installment the opposite party demanded additional Rs.871/-. At the time of closing the loan account, the opposite party charged an excess amount of Rs.65,597/-. We have gone through the pleadings and documents produced by the complainant. Ext.A1 to A3 establish the case of the complainant. As there is no contra evidence available before us, we are inclined to allow this complaint.

          In the result complaint allowed and hereby direct the opposite party to pay Rs.65,597/- (Rupees Sixty five thousand five hundred and ninety seven only) and Rs.871/- (Rupees Eight hundred and seventy one only) with 12% interest from the date of this order and further directed to pay compensation of Rs.10,000/- (Rupees Ten thousand only) and Rs.3,000/- (Rupees Three thousand only) towards cost within one month from the date of receipt of copy of this order.

          Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 25^th day of January 2023.

    Sd/-                                               Sd/-                                               Sd/-

Sreeja S                                    Ram Mohan R                                   C.T. Sabu

Member                                   Member                                             President

Appendix

Complainant’s Exhibits :

Ext.A1 is the loan agreement with conditions.

Ext.A2 is the copy of RC book.

Ext. A3 is the copy of tax token.

Ext.A4 is the copy of cheque No. 400557 dated 08/07/20.

Ext. A5 is the copy of lawyer notice dated 06/09/21.

Ext.A6 is the postal receipt dated 06/09/21.                                                                                      

                                                                                                 Id/-

Member