By. Sri. Jose. V. Thannikode, President:
The complaint is filed under section 12 of the Consumer Protection Act against the opposite party to refund the excess amount collected as fine and to pay the cost and compensation due to the deficiency of service.
2. Brief of the complaint:- The complainant purchased a motorcycle for Rs.42,160/- after availing loan of Rs.42,610/- from opposite party No.2 and it is registered as KL 12 H 867. The chart given by the opposite parties to pay the loan amount with interest in 36 EMI's of Rs.1,537/- each. The complainant repaid 27 installments promptly. The complainant noticed that from 2012 to 2014 the opposite party No.2 collected more than Rs.16,000/- instead of Rs.13,000/- is the only due amount from the complainant saying that there was no limited amount in the current accounts.
3. The complainant further says that charging fine on alleging no limited amount in the current account is a clear deficiency of service and unfair trade practice from the side of opposite parties as per the present laws and rules and the complainant is entitled for the same. Hence it is prayed before the Forum to direct the opposite parties to refund Rs.3,000/- with interest which is collected as fine and to pay Rs.10,000/- as compensation and Rs.5,000/- as cost of the proceedings.
4. Notices were served to opposite parties on 27.05.2015 but they have not appeared before the Forum and not filed version also. Hence they were set ex-parte on 14.07.2015.
5. Complainant filed proof affidavit and stated as stated in the complaint and he is examined as PW1 and Ext.A1 and A2 series are marked. Ext.A1 is the chart issued by the opposite party to the complainant, which shows 36 installments of Rs.1,537/- each. Ext.A2 series are the Account statement summary issued by the opposite party to the complainant.
6. On perusal of complaint and documents the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite parties?
2. Relief and cost.
7. Point No.1:- Since the opposite parties were ex-parte the complaint and affidavit can be believed in toto. Hence we opine it there is a clear case of deficiency of service and unfair trade practice from the side of opposite parties. Hence the Point No.1 is found accordingly.
8. Point No.2:- Since the Point No.1 is found against the opposite parties, they are jointly and severally liable to refund the collected fine amount and to pay cost and compensation and the complainant is entitled for the same.
In the result, the complaint is partly allowed and the opposite parties are jointly and severally directed to refund Rs.3,000/- (Rupees Three Thousand) which is collected as fine and also directed to pay Rs.2,000/- (Rupees Two Thousand) as compensation and Rs.1,000/- (Rupees One Thousand) as cost of the proceedings to the complainant within one month from the date of receipt of this Order. Failing which the complainant is entitled for an interest at the rate of 12% per annum for the whole amount.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 21st day of July 2015.
Date of Filing:18.05.2015.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Issac. P. C. (Affidavit). Complainant.
Witness for the Opposite Parties:-
Nil.
Exhibits for the complainant:
A1. Copy of Repayment Schedule.
A2(Series). Bank Statements.(24 Nos).
Exhibits for the opposite parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
