Tamil Nadu

South Chennai

116/2011

E.Nagaiya - Complainant(s)

Versus

M/s.Mahaveer Finance India Ltd - Opp.Party(s)

L.Rajendran

27 Sep 2018

ORDER

                                                                        Date of Filing  : 26.04.2011

                                                                          Date of Order : 27.09.2018

 

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.116/2011

DATED THIS THURSDAY THE 27^TH DAY OF SEPTEMBER 2018

                                 

Mr. E. Nagaiya,

S/o. Mr. Elumalai,

No.16/9, Sekkilar Street,

Rajiv Gandhi Nagar,

Nesapakkam,

Chennai – 600 078.                                                      .. Complainant.                                                      

 

    ..Versus..

 

M/s. Mahaveer Finance India Limited,

Rep. by its Manager,

“Agurchand Mansion”,

No.151, Mount Road,

Chennai – 600 002.                                                  ..  Opposite party.

          

Counsel for complainant       :  Mr. L. Rajendran

Counsel for opposite party   :  M/s. R. Bala Ramesh & another

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 praying to pay a sum of Rs.96,000/- towards advance amount and monthly Instalment amount of Rs.2,00,000/- towards business loss for 20 months from April 2009 to December 2010 with interest at the rate of 24% p.a. since the date of purchase of the vehicle till 31.12.2010 and future interest at the rate of 24% on Rs.96,000/- from 01.01.2011 to till date of realization and to pay a sum of Rs.1,50,000/- towards compensation for mental agony, deficiency in service etc with cost to the complainant.

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

The complainant submits that he has purchased a Swaraj Mazda Vehicle for a sum of Rs.1,60,000/- out of which, he paid Rs.60,000/- and obtained a loan of Rs.1,00,000/- on 05.09.2008 from the opposite party and agreed to repay the said loan amount of Rs.1,00,000/- together with interest in 24 equal monthly instalments at the rate of Rs.6,000/-.  Further the complainant submits that he has paid the monthly instalments without any default upto March 2009.   Further the complainant submits that for due clearance of Fitness Certificate (F.C.) during the month of April 2009, the Regional Transport Officer required the original R.C. Book, Carriage Permit and other relevant documents kept under the custody of the opposite party towards finance.  Even after repeated requests and demands, the opposite party has not given the records for obtaining due Fitness Certificate (F.C.).  Hence the complainant issued notice dated:12.01.2011 which was duly received by the opposite party but has not been responded.   Further the complainant submits that the opposite party sent Gundas and Henchmen and repossessed vehicle on 19.03.2010.  Hence the complainant lodged police compliant before K.K. Nagar Police Station and registered FIR No.555/2010.  Further the complainant submits that the opposite party deliberately evaded to give original R.C. Book and records for obtaining Fitness Certificate.  The act of the opposite party caused great mental agony and hardship.   Hence the complaint is filed.

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

The opposite party specifically denies each and every allegation made in the complaint and puts the complainant to strict proof of the same.  The opposite party submits that the complainant had purchased and entered into a Hire Purchase Contract No.1715 with the opposite party on 05.09.2008 in respect of 1994 model SWARAJ MAZDA goods vehicle bearing registration No.TN 01 R 9372 and the rate of vehicle was fixed as Rs.1,60,000/-.   The opposite party submits that at the time of entering into the contract the complainant had paid a sum of Rs.60,000/- as initial payment and had requested to extend finance of Rs.1,00,000/-.  The opposite party states that they had extended finance of Rs.1,00,000/- from M/s. Shriram Transport Finance Co. Ltd., on 05.09.2008 and the EMIs was fixed as Rs.6,000/- from 05.10.2008 to 05.07.2010 for 22 months and he has to pay the last installment of Rs.4,000/- on 05.08.2010.  Further the opposite party states that the complainant had not been regular in paying the EMIs.  The opposite party further states that he had informed the complainant that if the payments are not paid, he will initiate repossession notice.   Further the opposite party submits that that after due notice for surrender of vehicle, the opposite party repossessed the vehicle on 20.03.2010 and due auction was conducted on 11.06.2010 and sold the vehicle for Rs.82,000/-.    Therefore, there is no deficiency in service on the part of the opposite party.  Hence the  complaint is liable to be dismissed.

3.    To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A9 are marked.   Inspite of sufficient time was given, the opposite party has not come forward to file file proof affidavit to prove the contents in the written version and hence evidence of the opposite party is closed.

4.      The points for consideration is:-

1. Whether the complainant is entitled to a sum of Rs.96,000/-  paid towards monthly instalments with interest as prayed for?
2. Whether the complainant is entitled to a sum of Rs.2,00,000/- towards business loss and another sum of Rs.1,50,000/- towards compensation for deficiency in service, mental agony etc with cost as prayed for?

5.      On point:-

The opposite party after filing written version has not preferred to file proof affidavit to prove the contents in the written version.  The complainant filed his written arguments.  Perused the records namely the complaint, written version, proof affidavit of the complainant, documents etc.   The complainant pleaded and contended that he has purchased a Swaraj Mazda Vehicle for a sum of Rs.1,60,000/- out of which, he paid Rs.60,000/- and obtained a loan of Rs.1,00,000/- on 05.09.2008 from the opposite party and agreed to repay the said loan amount of Rs.1,00,000/- together with interest in 24 equal monthly instalments at the rate of Rs.6,000/-.  The payment schedule dated:05.09.2008 is marked as Ex.A1.  Further the complainant pleaded and contended that he has paid the monthly instalments without any default upto March 2009.   But on a careful perusal of records, Ex.A1 shows the details of instalments payable to the opposite party and the terms and conditions shows that if any instalment not paid before the due date, an additional finance charges at 3.5% per month will be levied.   Ex.A2, copy of Bank of India SB Account pass book of the complainant shows the payments made in favour of the opposite party dated: 07.10.2008, 06.11.2008, 06.12.2008, 08.12.2008, 07.01.2009, 07.02.2009 and 07.03.2009 which proves that the complainant is not in default of payment of instalment.  

6.     Further the contention of the complainant is that for due clearance of Fitness Certificate (F.C.) during the month of April 2009, the Regional Transport Officer required the original R.C. Book, Carriage Permit and other relevant documents kept under the custody of the opposite party towards finance.  Copy of Goods Carriage Permit is marked as Ex.A5.  Even after repeated requests and demands, the opposite party has not given the records for obtaining due Fitness Certificate (F.C.).  Hence the complainant issued Ex.A6, notice which was duly received by the opposite party but has not been responded.   Further the contention of the complainant is that the opposite party sent Gundas and Henchmen and repossessed vehicle on 19.03.2010.  Hence the complainant lodged police compliant before K.K. Nagar Police Station and registered FIR No.555/2010.   But the complainant has not filed any copy of FIR before this Forum.   Further the contention of the complainant is that the opposite party deliberately evaded to give original R.C. Book and records for obtaining Fitness Certificate.  Equally, the opposite party repossessed the vehicle caused great hardship.   But on a careful perusal of records, it is seen that the complainant has not paid the EMIs regularly.   

7.     It is also seen from the written version that, after committing such default in payment of EMI, the complainant approached the Tamil Nadu State Legal Services Authority, Chennai wherein after hearing both parties, the complainant was directed to surrender the vehicle to sell the vehicle for best available price.  Eventhough there is no record filed by the opposite party, the complainant has not denied the same either in proof affidavit or in the written arguments and suppressed the same.   It is also seen from the written version that after due notice for surrender of vehicle, the opposite party repossessed the vehicle on 20.03.2010 and due auction was conducted on 11.06.2010 and sold the vehicle for Rs.82,000/- also not denied by the complainant proves that there is no deficiency in service.  Considering the facts and circumstances of the case this Forum is of the considered view that this complaint has to be dismissed.

In the result, this complaint is dismissed.  No costs.

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 27^th day of September 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1	05.09.2008	Copy of payment schedule
Ex.A2		Copy of bank statement
Ex.A3		Copy of R.C. Book
Ex.A4	27.02.2009	Copy of Insurance
Ex.A5	02.11.2008	Copy of Goods Permit
Ex.A6	07.05.2009	Copy of letter of demand
Ex.A7	14.05.2009	Copy of acknowledgement card
Ex.A8	12.01.2011	Copy of legal notice
Ex.A9	25.01.2011	Copy of acknowledgement card

 

OPPOSITE  PARTY SIDE DOCUMENTS:  EVIDENCE CLOSED

 

 

MEMBER –I                                                                      PRESIDENT