IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Thursday the 30th day of September, 2010
Filed on 06.06.2009
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.204/2009
between
Complainant:- Opposite Parties:-
Sri. V. Ponnumon 1. M/s. Indus Bank Ltd.
Altharamoottil Veedu C.S.N. Building
Tharayilkadavu Muri Oppo. S.D.V. H.S.
Valiyazheeckal P.O. District Court Road, Alappuzha
Alappuzha District (By Adv. P.V. Thomas)
2. Indusind Bank Ltd., Vehicle
Finance Division, Shalom Towers
Bye-pass North End
Edappally, Cochin
O R D E R
SRI. K. ANIRUDHAN (MEMBER)
Sri. Ponnumon has filed this complaint before the Forum on 6.6.2009 alleging deficiency in service on the part of the opposite parties. The allegations are briefly stated as follows:- He had purchased the vehicle – Mini Door Pick up Van – through Vembanad Tempo, after remitting a sum of Rs.24,144/- and have a finance of Rs.1,62,000/- from the opposite parties. He had remitted the loan amount up to 17th installment at the rate of Rs.5,838/- to the 1st opposite party. At the time of the 18th remittance he had produced the vehicle to the 1st opposite party and requested to give him the balance amount after closing the A/c with the sale amount of the said vehicle. At that time, the 1st opposite party had agreed that the details of the sale of the vehicle will be intimated him at the time of sale and further agreed to repay the balance amount form the sale amount of the said vehicle to him. But after 8 days from the date of entrusting the vehicle to the 1st opposite party, the complainant along with an agent of the vehicle contacted the first opposite party for the purchase of the said vehicle for a sum of Rs.1,05,000/- from them and requested the first opposite party to refund the balance amount, after remitting the full amount payable to them in his account in connection with the said vehicle. But ignoring the above, the opposite party had issued notice to him for a sum of Rs.45,267/- on 5.8.2008 and further issued notice for a sum of Rs.95,332/- on 12.5.2009. The first opposite party had sold the said vehicle and the without serving any details regarding the total price obtained from the said sale or other details to him. As per the terms and conditions , he has to remit the amount of Rs.1,62,000/- by 36 installments. He had remitted a total amount of Rs.99,246/- by 17 installments. There is deficiency in service on the part of the opposite party, by raising exorbitant amount in the a/c and without disclosing the details of the sale amount of the vehicle and attached his properties in a fraud manner. Hence this complaint seeking relief.
2. Notices were issued to the parties. First opposite party entered appearance before the Forum and filed version. Second opposite party absent.
3. In the version filed by the first opposite party, it is stated that the matter has to be decided through arbitration. It is stated that the details of installments shown in the complaint is not correct and remittance was not in proper date. The surrender of the vehicle was not at the time of the 17thy installment and there was arrear at that time. It is stated that they had not assured the complainant that they will refund the excess amount after the sale of the vehicle and that the complainant had not sponsored any one to purchase the said vehicle from them. They have sold the vehicle, for a better price and that they had not cheated the complainant in any way. They have taken steps to get the balance payment and its interest by way proper legal proceedings, and they have not committed any latches and there is no deficiency in service on their part.
4. Considering the contentions of the parties, the Forum has raised the following issues for consideration for a fair adjudication:-
1) Whether there is any deficiency in service on the side of the opposite parties?
2) Whether the complainant is entitled to get the amount from the opposite parties?
3) Compensation and costs.
5. Issues 1 to 3:- Complainant has filed the proof affidavit in support of his case and produced the documents in evidence, and he has been cross examined by the first opposite party – documents Exts.A1 to A6 marked. Ext.A1 is the cash receipt dt. 7.9.2005 issued to the complainant showing the acceptance of a sum of Rs.24,144/- by the dealer of the vehicle M/s.Vembanad Tempo. Ext.A2 series is the Account register issued to the complainant by M/s. Corporation Bank, Arattupuzha Branch; showing the remittance of amount from 1.4.2006 to 31.3.2007. Ext.A3 is the Discharge Card issued by the Medical College, Alappuzha to the complainant in connection with his discharge. Ext.A4 is the letter dt. 5.3.2008 issued to the complainant by the 2nd opposite party in connection with the clearance of loan amount of Rs.45,261/-. Ext.A5 is the schedule issued by the opposite party regarding the payment of Margin money. Ext.A6 is the letter of the complainant to the first opposite party vide dt. 15.5.2007 to the effect that the complainant had entrusted the schedule vehicle to the first opposite party.
6. Opposite party has not filed proof affidavit or any documents in evidence, even though several chances are given for the same. Opposite parties were absent at the date fixed for hearing.
7. We have heard the allegations put forward by the complainant in detail and perused the documents given by the complainant in evidence and examined the deposition of the complainant. At the time of purchasing the vehicle he had availed a loan facility of Rs.1,62,000/- from the first opposite party. As per the terms and conditions, the complainant has to remit the amount by 36 installments. Accordingly the complainant had remitted 17 installments at the rate of Rs.5,838/-. At the time of the 18th installments, due to the chronic disease of the complainant, he could not remit the installment. So he had surrendered the schedule vehicle to the first opposite party on 15.5.2007 (Ext.A6). It is alleged that at the time of the surrender of the vehicle to the opposites parties, they have agreed that they will dispose of the vehicle for a fair and reasonable value and further agreed that the excess amount from the sale, will be refund to the complainant. In this respect, it is to be noticed that the opposite parties had disposed of the schedule vehicle to the third party without furnishing any details of the sale amount to the complainant. Without disclosing the sale amount, the opposite parties are demanding amount from the complainant vide letter dt. 5.3.2008 and 15.2.2009. If the opposite parties disposed of the vehicle at the time of the surrender of the vehicle for sum of Rs.1,05,000/-, the account of the complainant can be settled with the outstanding amount in the name of the complainant. But the opposite parties had not taken a positive steps to close the a/c of the complainant. Instead of that, the opposite parties are demanding amount from the complainant without furnishing the details of the amount received, from the sale of the vehicle. The entire action of the opposite parties shows unfair trade practice, illegal arbitrary nature and it will amounts to cheating. Considering the entire facts of this case, the opposite parties are not at all entitled to get any further amounts from the complainant. So considering the whole facts and circumstances of this matter, we are of the view that since there is greatest deficiency in service, culpable negligence and cheating on the part of the opposite parties, by way of disposing the vehicle of the complainant in an unfair manner and without disclosing the actual amount received by them from the said sale of the schedule vehicle and harassed the complainant by intimating the exorbitant amounts to be remitted in a false manner and without any bona fides. So, we are of the further view that the complainant is not bound to remit any amount to the opposite parties in connection with the said loan for the schedule vehicle. Considering the whole facts and circumstances of this case, and after verification of the documents produced by the complainant and disposition, we are of the view that the allegations of the complainant are genuine. The contentions raised by the opposite parties cannot be accepted to state that the complainant is entitled to remit further amounts in connection with the said loan amount. All the issues are found in favour of the complainant. Since there is grossest deficiency in service, culpable negligence and cheating on the part of the opposite parties, the complainant is entitled to get compensation and costs from the opposite parties. Hence this complaint is to be allowed.
In the result, we hereby direct the opposite parties to pay an amount of Rs.10,000/- (Rupees ten thousand only) to the complainant for his mental agony, pain, inconvenience, loss and harassment of the opposite parties by way of not allowing him to close the loan A/c at the time of surrendering the vehicle to the opposite parties for the sale of a price of Rs.1,05,000/- and harass the complainant willfully by way of issuing notice demanding exorbitant amount, without any bona fides and further direct the opposite parties to pay a sum of Rs.2,000/- (Rupees two thousand only) as costs of this proceedings before this Forum. We further direct the opposite parties to pay the said amounts to the complainant within 30 days from the date of receipt of this order.
Complaint allowed.
Pronounced in open Forum on this the 30th day of September, 2010.
Sd/- Sri. K. Anirudhan:
Sd/- Sri.Jimmy Korah:
Sd/- Smt.N.Shajitha Beevi:
Appendix:-
Evidence of the complainant:-
PW1 - Ponnumon (Witness)
Ext.A1 - Cash receipt dt. 7.9.2005
Ext.A2 series - Account register issued to the complainant by M/s.
Corporation Bank
Ext.A3 - Discharge card issued by the Medical College, Alappuzha
Ext.A4 - Letter dt. 5.3.2008 issued to the complainant by the 2nd
Opposite party
Ext.A5 - Schedule issued by the opposite party regarding the payment of margin money
Ext.A6 - Letter of the complainant to the 1st opposite party vide dt.
15.5.2007.
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:-pr/-
Compared by:-
