Date of filing: 10.06.2014.
Date of disposal: 17.12.2014.
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM – II:
VIJAYAWADA, KRISHNA DISTRICT
Present: Smt N. Tripura Sundari, B. Com., B. L., President (FAC)
Sri S. Sreeram, B.Com., B.A., B.L., Member
Wednesday, the 17th day of December, 2014
C.C.No.133 of 2014
Between:
Ch.V. Nagalakshmi, W/o late Narasimha Sastry, Hindu, Aged about 45 years, Resident of Nallagate Down, Krishnalanka, Vijayawada, Krishna District.
…..Complainant.
And
M/s Shriram City Union Finance Ltd, Rep: by its Branch Manager, D.No.22-126, 1st Floor, Bank Street, Nuzuvidu – 521 201.
.. … Opposite party.
This complaint coming on before the Forum for final hearing on 09.12.2014, in the presence of Sri P. Mohan Rao, advocate for complainant; Sri D. Rajasikhar, advocate for opposite party and upon perusing the material available on record, this Forum delivers the following:
O R D E R
(Delivered by Hon’ble Member Sri S. Sreeram)
This is a complaint filed by the complainant under Sec.12 of Consumer Protection Act against the opposite party directing it to give loan account statement to her bearing CPLNUZVID 0000463, dt.3.8.10 for Rs.1,00,000/-, to give sufficient time for discharge of genuine arrears or claims if any, to pay compensation for mental agony and harassment, to grant costs and other reliefs.
1. The brief averments of the complaint are as follows:
The complainant upon the inducement made by the opposite party agents availed personal loan to a tune of Rs.1,00,000/- in the year 2010 bearing Loan Agreement No.CPLNUZVID 0000463, dt.3.8.2010 with an undertaking to repay the loan in 30 months at Rs.5,420/- per month. It is further submitted that the complainant has paid the entire loan amount within the stipulated period i.e. by February, 2013 except for two or three installments with a delay. But to the utter astonishment of the complainant, in the 3rd week of April, 2014 she received phone calls demanding to pay some amount towards the delay payment penalties. On that the complainant asked the opposite party for loan account statement for her verification and also stated that she will pay the genuine arrears if any. But the opposite party not provided the account statement and on the other hand used to threaten her that they will sell the house hold articles. The complainant got issued notice dt.5.4.2014, but of no use. Hence, the complaint.
2. After registering the complaint, notices were sent to the opposite party. The opposite party filed its version denying the allegations made in the complaint and contended that the complaint is barred by territorial as well as pecuniary jurisdiction as the opposite party is situated at Nuzvid and the complainant has to file the present complaint before District Consumer Forum – 1, Machilipatnam. It is further contended that the complainant is not a consumer and she has no locus standi to file the complaint. It is further contended that this Forum has no jurisdiction either to entertain the complaint or to adjudicate the matter because as per the terms and conditions, the Court of Arbitrate Tribunal are alone having power to entertain the matter. It is further contended that complainant availed the loan of Rs.1 lakh on 31.8.2010 by executing necessary documents. Thereafter she paid 24 installments in full out of 30 and paid part payment in 25th installment and committed default. Thereafter the opposite party issued notice on 7.4.2014 to the complainant and her guarantors demanding due amount of Rs.31,460/- with interest and penalities. But the complainant has been postponing the payment. As such they approached the sole Arbitrator and filed a claim, which is numbered as Claim No.52/14. Having managed in evading to receive the notices in arbitration case, the complainant filed the present complaint and finally contended that they are not committed any deficiency in service and prayed to dismiss the complaint with costs.
3. The complainant filed her chief affidavit reiterating the material averments of the complaint and got marked Ex.A1 to A5 on her behalf. The Branch Manager of opposite party filed affidavit and got marked Ex.B1 and B2.
4. Heard both sides and perused the record.
5. Now the points that stood for consideration are
- Whether there is any deficiency of service on the part of opposite party in not providing with the statement of account copy?
- Whether the complainant is entitled for granting time for payment of genuine arrears or not?
- If so, to what relief.
Point Nos.1 and 2:
6. The undisputed facts in this case are that the complainant availed personal loan of Rs.1,00,000/- from the opposite party on 31.8.2010 by executing all necessary documents, which has to be paid in 30 monthly equal installments of Rs.5420/- per month. According to the complainant she has paid the entire loan amount except two or three installments by late. But the opposite party people are insisting her to pay the penalties amount and also threatened her that they will sell the house hold articles. In this regard, the contention of opposite party is that the complainant paid only 24 installments in full and part in 25th installment and failed to pay the remaining installments and committed default. As such after issuing legal notice to complainant and her guarantors, they filed claim before Sole Arbitrator in Claim No.52/14, which is pending. Ex.B1 is the copy of claim statement before the Sole Arbitrator, which reveals that the claim is pending before Sole Arbitrator. In this case, though the complainant alleged that she has paid entire installments, but she has not filed the receipts evidencing the payment of installments. She filed only Ex.A5 evidencing the payment of one installment. But perusal of Ex.B2 account statement filed by opposite party discloses that there is some due from the complainant to the opposite party. However, the scope of present complaint is very limited to the extent that whether the complainant is provided with account copy or not. As such there is no need to discuss the above aspects.
7. In this case, the main grievance of the complainant is that though she requested the opposite party to provide with the account statement for verification, they failed to provide the same and as such she could not clear the installments. Perusal of record discloses that the complainant sent two legal notices under Ex.A1 and A2 requesting to provide account statement to her. In this regard, the opposite party has not mentioned in their version that they have provided the account statement to the complainant. The only contention of the opposite party is that this Forum has no jurisdiction to entertain the matter as the opposite party is situated at Nuzvid and the complaint has to be filed before Consumer Forum, Machilipatnam. In this regard, we would like to rely on the decision of State Commission, New Delhi in F.A.No.10/139, wherein it was held that
“It is consistent view of the Commission that since Delhi happens to be one District, and every District Forum has territorial jurisdiction over every consumer dispute and if such District Forum takes any final decision in the matter of having no administrative territorial jurisdiction, the order cannot be set aside”
In view of the ratio in the above decision, we are of the opinion that this Forum has got jurisdiction to entertain the present complaint since the Consumer Forum, Machilipatnam and this Forum are established for the District of Krishna.
8. Now coming to the case on hand, it is clear that the complainant sent two notices under Ex.A1 and A2 for providing the account statement to her. As seen from the version, the opposite party has not mentioned that they provided the account statement. The complainant being customer of the opposite party is entitled for account statement and the opposite party is bound to provide with the account statement to the customers like complainant for verification of account by charging necessary costs if any. But in this case, it seems that the complainant is not provided with copy of account. As such the complainant is entitled for the same.
9. So far as granting of time by this Forum for payment of genuine arrears, this Forum has no power to decide the said aspect. Further the matter is pending before Sole Arbitrator under Ex.B1. If at all the complainant is any grievance regarding payments, the same shall be decided by the Sole Arbitrator. Hence this point is answered accordingly.
Point No.3
10. In the result, the complaint is allowed partly directing the opposite party to provide the account statement to the complainant in respect of her loan A/c.No.CPLNUZVID 0000463 on charging costs as per procedure so as to facilitate her to gone through the account and settle the matter amicably. Time for compliance is one month. The other claims of the complainant shall stands dismissed. In view of the facts of the case, there is no order as to costs and compensation.
Typewritten by Steno N. Hazarathaiah, corrected by me and pronounced by us in the open Forum, this the 17th day of December, 2014.
PRESIDENT (FAC) MEMBER
Appendix of evidence
Witnesses examined
For the complainant: -None- For the opposite parties:-None-
Documents marked
On behalf of the complainant:
Ex.A1 05.04.2014 Copy of legal notice got issued by complainant to OP.
Ex.A2 Postal acknowledgement.
Ex.A3 19.04.2014 Copy of rejoinder notice got issued by complainant to OP.
Ex.A4 Postal acknowledgement.
Ex.A5 03.12.2012 Cash receipt.
On behalf of the opposite party:
Ex.B1 Photocopy of claim statement filed on behalf of the claimant before the Hon’ble Sole Arbitrator.
Ex.B2 11.09.2014 Photocopy of statement of account.
PRESIDENT (FAC).
