BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 27th day of January 2014
Filed on :06-09-2012
PRESENT:
Shri. A. Rajesh, President.
Shri. Sheen Jose, Member.
Smt. Beena Kumari V.K. Member.
CC.No. 539/2012
Between
Domini Joseph, : Complainant
Pedikattukunnel House, (By Adv. Tom Joseph,
Vazakkulam P.O., Court Road, Muvattupuzha)
Muvattupuzha-686 670.
Vs
M/s. TATA Motor Finance Ltd., : Opposite party
Branch Office, Velloorkunnam, (absent)
Market P.O.,
Muvattuppuzha-686 673.
O R D E R
A Rajesh, President.
The case of the complainant is as follows:
The complainant availed a vehicle loan from the opposite party for his TATA Indica car by agreement dated 18-09-2007. As per the agreement the complainant has to repay Rs. 3,52,944/-. The loan tenure is 5 years and the number of installments is 60. The last due date is given as
21-08-2012. The complainant paid Rs. 6,024/- towards one instalment in advance on the agreement date itself. He paid the EMI’s promptly except for the months of June 2009, January 2010 and February 2012. The cheque given for the month of June 2009 was bounced and it was paid on the next month along with penal charges. The two other delayed EMI’s were also paid with penal charges. While so when the complainant approached the opposite party for remitting the last instalment on 21-08-2012, they refused to accept the same by giving the reason that an amount of Rs. 30,000/- is due to them. At this juncture, it is pertinent to note that the tenure of loan is 5 years and the complainant had paid one instalment in advance on the date of contract itself. Hence even if any delay of one month occurred in remitting an EMI, he is not liable to pay any penal charge. Thus the reluctance on the part of the opposite party to accept the last EMI amounts to deficiency in service. The complainant is entitled to get his loan account closed by remitting the last EMI together with Rs. 400/- towards the cheque bouncing charge for one month. He is also entitled to get the loan termination letter forthwith together with costs of the proceedings. This complaint hence.
2. The opposite party was served with a notice of this complaint to which there was no response. Proof affidavit has been filed by the complainant. Exts. A1 and A2 were marked. Heard the learned counsel for the complainant.
3. The points that arose for consideration are
i. Whether the complainant is entitled to get the loan termination
letter from the opposite party?
ii. Whether the opposite party is legally liable to accept the last
instalment in the loan account together with Rs. 400/- towards
cheques bouncing charges.
iii. Whether the opposite party is liable to pay the costs of the
proceedings to the complainant.
4. Point No. i&ii. Ext. A1 dated 30-08-2012 the details of the loan agreement issued by the opposite party goes to show that the complainant availed a loan of Rs. 2,58,000/- from the opposite party. The complainant has to repay the loan amount with interest in 60 equal instalments of Rs. 6,024/- each. Ext. A2 the payment schedule would show that the complainant paid 59 instalments to the opposite party. According to the complainant though he was ready to pay the 60th instalment the opposite party did not accept the same stating that the complainant is to pay Rs. 30,000/- to the opposite party in the loan account. It is stated that the complainant is ready to pay the last instalment of Rs. 6024 and Rs. 400/- being the cheque bouncing charge for a month. It is to be noted that nothing is on record on the part of the opposite party to controvert the contentions of the complainant despite service of notice from this forum. Since nothing is forthcoming on the part of the opposite party we are only to accept the averments of the complainant. In that case the opposite party is legally liable to issue the loan termination letter to the complainant on receipt of the last instalment and Rs. 400/- towards cheque bouncing charges.
5. Point No. iii. The silence on the part of the opposite party amounts to admission and hence proof of deficiency in service. The complainant has had to suffer unnecessary inconveniences, monetary loss, mental agony and so forth which has to be awarded as costs of the proceedings, we fix it at Rs. 1,000/-.
6. In the result, we allow the complaint and direct as follows:
i. The complainant shall pay the last instalment of Rs. 6,024/- and Rs.
400/- towards the cheque bouncing charges to the opposite party
within 30 days from the date of receipt of a copy of this order
peremptorily on which the opposite party shall issue the loan
termination letter to the complainant pertaining to contract No.
5000158496 dated 18-09-2007, within 30 days from the date of
receipt of the amount.
ii. The opposite party shall also pay Rs. 1,000/- to the complainant
towards costs of the proceedings.
The above said order shall be complied with in line with the above direction on receipt of a copy of this order.
Pronounced in the open Forum on this the 27th day of January 2014.
Sd/-A. Rajesh, President.
Sd/- Sheen Jose, Member.
Sd/-Beena Kumari V.K., Member.
Forwarded/By Order,
Senior superintendent.
Appendix
Complainant’s exhibits :
Ext. A1 : Copy of contract details
A2 : copy of receipt information dated 30-08-2012
Opposite party’s exhibits: Nil
