BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT:

SHRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENA KUMARI .A : MEMBER

SMT. S.K. SREELA : MEMBER

C.C. No. 162/2003 Filed on 23/04/2003

Dated: 15..10..2010

Complainant:

Chandra Babu, Roadarikathu Puthen Veedu, Pullenthery, Karakonam – P.O., Thiruvananthapuram – 695 504.

(By Adv. T. Raja Raja Singh)

Opposite parties:

1. M/s. P.R. Chhajer Financiers. Erulappan Street, 1^st Floor, Sowcarpet, Chennai – 600 079.

2. Iqbal, Proprietor, Central Fancy Store, Near Bus stand Junction, Neyyattinkara.

(By Adv. S.S. Vijaya Kumar)

This complaint is disposed of after the period so specified under the Consumer Protection Act, 1986. Though the case was taken up for orders by the predecessors of this Forum on 11/08/2004, the order was not prepared accordingly. This Forum assumed office on 08..02..2008 and re-heard the complaint. This O.P having been heard on 30..07..2010, the Forum on 15..10..2010 delivered the following:

ORDER

SHRI.G. SIVAPRASAD, PRESIDENT

The facts leading to the filing of the complaint are that, complainant availed a loan of Rs. 1,50,000/- from the opposite parties under Hire Purchase Agreement, that the said amount has to be repaid by 20 equal monthly installments, that complainant remitted 19 installments without any delay or default, that each installment carries Rs. 7,800/- and a total amount of Rs.1,48,200/- was paid by the complainant, that according to opposite parties the balance amount due from the complainant is Rs.83,800/- though complainant was ready to pay back the balance amount in a single installment, that opposite party was not at all ready to receive the same though complainant approached opposite parties' office, that opposite parties demanded a huge amount from the complainant as overdue charges and other charges, that complainant sent a balance amount of Rs. 83,000/- as D.D dated 15/03/2003 bearing N0. DC.964807 from the Federal Bank Ltd., that opposite party had received the said amount. It is submitted by the complainant that at the time of executing the Hire Purchase Agreement opposite parties had received two blank cheque leaves and signed blank stamp paper as additional securities. Complainant has remitted the entire amount as per the Hire Purchase Agreement and no amount has been left unpaid. But opposite parties are not ready to return the documents and other hypothecation papers, that complainant sent a letter on 17/3/2003 to 1^st opposite party asking to return all the documents, opposite parties have not returned any documents so far. Hence this complaint to direct opposite parties to return all the documents relating transaction and to pay compensation and cost to the complainant.

2. Opposite parties received notice, no version filed. Hence opposite parties set exparte.

3. The points that arise for consideration are:

1. Whether there is deficiency in service on the part of the opposite parties?

2. Whether complainant is entitled to get back the documents from the opposite parties?

3. Whether complainant is entitled to get compensation and cost?

In support of the complaint, complainant has filed affidavit and Exts. P1 to P6 were marked. Complainant has never been cross examined by the opposite parties. As such affidavit filed by the complainant remains uncontroverted.

4. Points (i) to (iii) : Ext. P1 is the copy of the DD of the Federal Bank Limited for Rs. 83,000/- dated 15/03/2003 in favour of the 1^st opposite party. Ext. P2 is the counterfoil of the Federal Bank Limited dated 15/03/2003 for Rs.83,249/-. On perusal of Ext. P3 it is seen that as per agreement dated 10/5/2000 complainant availed Rs. 1,50,000/- as loan amount and he has sent Rs.1,50,000/- by cash through 1^st opposite party's agent, the balance amount of Rs. 83,000/- sent by D.D bearing No.968407. Ext. P1 Demand Draft is seen mentioned in Ext. P3 letter. Complainant requested the opposite parties to return 2 cheque leaves and bond of Rs. 50/-. Ext. P4 is the copy of the Advocate Notice. Ext. P5 is the acknowledgement card. Ext. P6 is the postal receipt. It is pertinent to note that opposite party has not contested the case nor furnished any documents against the prayers sought in the complaint. In the light of the affidavit and documents furnished by the complainant we are of the view that complainant has remitted Rs. 1,48,200/- by installments and Rs.83,800/- by way of Ext. P1 Demand Draft. No agreement or its conditions furnished by opposite parties. As per Ext. P4 notice complainant has mentioned the payment of Rs. 1,47,000/- by way of installments and it is seen informed by opposite parties that the balance hypothecation amount with interest would come to Rs.83,800/-. Opposite party is seen accepted the Ext. P4 notice by Ext. P5 acknowledgement Card. Inview of the above we are of the considered opinion that opposite party has received the loan amount with interest from the complainant. That might be the reason for non appearance of opposite parties before this Forum. No version filed by the opposite parties. Inview of the above we find complainant has remitted the entire amount as per the hypothecation agreement. As such we find complainant is entitled to get back the documents furnished by the complainant relating to the said agreement.

In the result, complaint is allowed. The hypothecation agreement will remain cancelled. Opposite parties shall return the documents and other hypothecation papers executed by the complainant to the complainant. Opposite parties shall pay Rs. 5,000/- towards compensation and Rs. 1,000/- towards cost of the proceedings within 2 months from the date of receipt of this order.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 15^th day of October 2010.

G. SIVAPRASAD,

PRESIDENT.

BEENA KUMARI. A.,

MEMBER

S.K. SREELA,

MEMBER

ad.

O.P.No. 162/2003

APPENDIX

I. Complainant's witness:

PW1 : Chandra Babu

II. Complainant's documents:

P1 : Copy of the DD of the Federal Bank Ltd for Rs. 83,000/- dated 15/3/2003.

P2 : Counterfoil of the Federal Bank Ltd dated 15/3/03 for Rs. 83,249/-.

P3 : Copy of the letter dated 17/3/2003 from complainant.

P4 : Copy of Advocate Notice

P5 : Acknowledgement Card

P6 : Postal receipt dated 21/2/2003

III. Opposite parties' witness : NIL

4. Opposite parties' documents : NIL

PRESIDENT