Tamil Nadu

South Chennai

306/2011

Shakila Rani - Complainant(s)

Versus

M/s.Bajaj Auto Finance Ltd - Opp.Party(s)

V.Malathy

06 Aug 2018

ORDER

                                                                        Date of Filing  : 12.09.2011

                                                                          Date of Order : 06.08.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

 

C.C. No.306/2011

DATED THIS MONDAY THE 06^TH DAY OF AUGUST 2018

                                 

Mrs. Shakila Rani,

W/o. Mr. R. Balamurugan,

No.15/C, Nethira Ambika Apartments,

Vembuliamman Koil Street,

K.K. Nagar,

Chennai – 600 078.                                                       .. Complainant.                                                 

 

        ..Versus..

 

M/s. Bajaj Auto Finance Ltd.,

Rep. by its Manager,

C/o. Khivraj Estate - II Floor,

No.623/624, Anna Salai,

Chennai – 600 006.                                                  ..  Opposite party.

          

Counsel for complainant        :  Mrs. V. Malathy

Counsel for opposite party    :  M/s. S. Parthasarathy

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 praying to provide a two wheeler of the same model, to pay a sum of Rs.2,00,000/- towards repossession of vehicles degrades by depriving the status of the opposite party, to pay a sum of Rs.2,00,000/- towards compensation for mental agony, hardship and deficiency in service and to pay a compensation of Rs.5,00,000/- to pass such other equitable reliefs with cost of Rs.10,000/- towards litigation expenses.

1.    The averments of the complaint in brief are as follows:

The complainant submits that she purchased a two- wheeler Bajaj CT 100 DLX Registration No.TN 10 5901 under Hire Purchase Agreement with the opposite party as Loan No.403131859.   The complainant submits that after deducting the advance amount, the remaining balance amount was divided as EMI of 24 months.   Thereby, the complainant issued 20 filled cheques drawn on Indian Overseas Bank, Saligramam Branch in favour of the opposite party for the balance 24 EMIs at the rate of Rs.3,168/-.  Further the complainant submits that the opposite party deposited all 19 cheques and encashed the amount except Cheque No.947163.  Thereby, the opposite party committed breach of trust with a malafide intention to repossess the vehicle and hold back the entire amount that was paid as EMIs Rs.60,192/-.  Further the complainant submits that on 25.11.2009  also, the complainant was having sufficient amount in her account. The opposite party sent an Account statement dated:29.06.2009 along with the Customer Statement as on 29.06.2009.  The complainant submits that the cheque Nos. 947166 and 947159 has been printed repeatedly twice (two times) in the customer statement, which is a basic wrong for the repossession of his vehicle.  Further the complainant submits that the opposite party collected 19 cheques and wantonly not deposited the cheque No.947163 for collection without any notice repossessed the vehicle on 26.05.2009 and informed on 01.07.2009. The act of the opposite party caused great mental agony.  Hence the complainant issued legal notice dated:21.12.2009 claiming compensation etc. Thereafter, this complaint is filed.

2.     The brief averments in the written version filed by the  opposite party is as follows:

The opposite party specifically deny each and every allegations made in the complaint and puts the complainant to strict proof of the same.    The opposite party states that the complainant entered into 2 loan agreement Nos.403131858 and 403131859 on 22.07.2006 and availed financial facility of Rs.38,016/- including finance charges of Rs.4,016/- for 36 months and purchased BAJAJ CT 100 DLX motor cycle.  The monthly instalment to be paid was Rs.1,584/- for each account.   The contract period is for 24 months i.e. from 10.08.2006 to 10.7.2008.   The complainant also paid 4 advance EMIs each for respective two loan a/c.   Hence the balance EMI is only for 20 months.   Further the opposite party states that at the time of execution of loan agreement, this complaint has issued combined EMI cheques of Rs.3,168/- towards both the loan agreements and the vehicle was hypothecated with the opposite party.   Further the opposite party states that the cheques issued by the complainant were presented.   Some of the cheques were wrongly updated only against the Loan Agreement No.403131858 and the credit of the cheques has not been updated against the Loan Agreement No.403131859.    Thus as on 26.06.2009, the outstanding amount was reflected as Rs.12,270/- against the Loan Agreement No.403131859.  Further the opposite party states that after the expiry of loan agreement, the vehicle in question was taken possession as surrender on 26.06.2009 and was informed to the complainant by letter dated:01.07.2009.  Therefore, there is no deficiency in service on the part of the opposite party.  Hence the complaint is liable to be dismissed.

3.   In order to prove the averments in the complaint, the complainant has filed proof affidavit as her evidence and documents Ex.A1 to Ex.A6 are marked.  Proof affidavit of the opposite party filed and no documents filed and marked on the side of the opposite party.

4.     The points for consideration is:-

1. Whether the complainant is entitled to refund a sum of Rs.90,000/-with interest at 12% p.a. paid towards EMI as prayed for?
2. Whether the complainant is entitled to a sum of Rs.9,00,000/- towards repossession of vehicle, degrading the status, compensation for mental agony and deficiency in service with cost of Rs.10,000/- as prayed for?

5.     On point:

The complaint filed written arguments.   Both parties not turned up to advance any oral arguments.   Perused the records namely the complaint, written version, proof affidavits, documents etc.   The complainant pleaded and contended that she purchased a two- wheeler Bajaj CT 100  DLX Registration No.TN 10 5901 under Hire Purchase Agreement with the opposite party as Loan No.403131859.   After deducting the advance amount, the remaining balance amount was divided as EMI of 24 months.    Thereby, the complainant issued 20 filled cheques drawn on Indian Overseas Bank, Saligramam Branch in favour of the opposite party for the balance 24 EMIs at the rate of Rs.3,168/-.  Further the contention of the complainant is that the opposite party deposited all 19 cheques and encashed the amount except Cheque No.947163 by way of negligence as per Ex.A4, Indian Overseas Bank Certificate dated:25.11.2009.   Thereby, the opposite party committed breach of trust with a malafide intention to repossess the vehicle causing great mental agony and degrade in status.  Further the contention of the complainant is that on 25.11.2009 also, the complainant is having sufficient amount in her account.  The opposite party sent an Account statement as per Ex.A2 dated:29.06.2009 reveals return of cheque numbers 947166, 947156, 947157 as cheque lost in transit and a cheque No.94719 as reversal cheque; not available.  Cheque Nos. 947166 and 947159 has been printed repeatedly proves the deliberate negligence of the opposite party.  Further the contention of the complainant is that as per Ex.A4, it is very clear that the opposite party collected 19 cheques and wantonly not deposited the cheque No.947163 for collection without any notice repossessed the vehicle on 26.05.2009 and informed on 01.07.2009 as per Ex.A3 caused great inconvenience and mental agony.  Hence the complainant issued legal notice dated:21.12.2009 as per Ex.A5 claiming compensation etc and was constrained to file the case claiming compensation of Rs.9,00,000/- with cost.

6.     The contention raised by the opposite party in its written version and proof affidavit is that the complainant entered into 2 loan agreement Nos.403131858 and 403131859 on 22.07.2006 and availed financial facility of Rs.38,016/- including finance charges of Rs.4,016/- for 36 months and purchased BAJAJ CT 100 DLX motor cycle.  The monthly instalment to be paid was Rs.1,584/- for each account.   The contract period is for 24 months i.e. from 10.08.2006 to 10.7.2008.   The complainant also paid 4 advance EMIs each for respective two loan a/c.   Hence the balance EMI is only for 20 months.  But the opposite party has not produced any record to prove the above said 2 loans.  Further the opposite party contended that at the time of execution of loan agreement, this complainant has issued combined EMI cheques of Rs.3,168/- towards both the loan agreements and the vehicle was hypothecated with the opposite party.   Further the contention of the opposite party is that the cheques issued by the complainant were presented.   Some of the cheques were wrongly updated only against the Loan Agreement No.403131858 and the credit of the cheques has not been updated against the Loan Agreement No.403131859.    Thus as on 26.06.2009, the outstanding amount was reflected as Rs.12,270/- against the Loan Agreement No.403131859.  But the opposite party himself admitted that 20 cheques were issued for 20 EMIs at the rate of Rs.3,168/-.  Hence there shall be no question of any outstanding amount to the tune of Rs.12,270/-.  On a careful perusal of Ex.A3, it is seen that EMI balance Rs.7,920/- and penalty charges Rs.5,416/- totally of Rs.13,336/- is pending. On the other hand, as per Ex.A4 the opposite party collected 19 cheques without any default and collected Rs.60,192/-.  The last cheque was not presented by the opposite party proves the unfair trade practice.   Equally, the opposite party creating two Loan A/c and giving credit to one a/c and not properly giving credit to another account and deliberately not presented the cheque for collection proves the unfair trade practice.  Further the contention of the opposite party is that after the expiry of loan agreement, the vehicle in question was taken possession as surrender on 26.06.2009 and was informed to the complainant by letter dated:01.07.2009 itself proves that before taking possession of the vehicle the opposite party has not given any notice to the complainant and disposed off the vehicle on 30.07.2009 for Rs.14,000/- proves unfair trade practice and deficiency in service.   Considering the facts and circumstances of the case this Forum is of the considered view that the opposite party shall return the vehicle within one month or directed to pay a sum of Rs.60,000/- Less 10% towards depreciation per year with compensation of Rs.25,000/- and cost of Rs.5,000/-.

In the result, this complaint is allowed in part.  The opposite party is directed to return the vehicle within one month or directed to pay a sum of Rs.60,000/- less 10% of depreciation per year  and to pay a sum of Rs.25,000/- (Rupees Twenty five thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 06^th day of August 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1		Copy of letter from Bajaj Auto Finance Ltd.
Ex.A2	29.06.2009	Copy of Account Statement / Customer Statement
Ex.A3	01.07.2007	Copy of repossession confirmation letter
Ex.A4	25.11.2009	Copy of Indian Overseas bank Statement
Ex.A5	21.12.2009	Copy of legal notice with acknowledgment due
Ex.A6		Copy of Certificate Registration

 

OPPOSITE  PARTY SIDE DOCUMENTS:  NIL

 

MEMBER –I                                                                      PRESIDENT