Tamil Nadu

South Chennai

35/2010

L.Natarajan - Complainant(s)

Versus

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

G.Parthasarathy

15 Feb 2018

ORDER

                                                                                                                           Date of Filing  : 31.12.2009

                                                                          Date of Order : 15.02.2018

DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, CHENNA (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

          DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II                 

CC. NO.35 /2010

THURSDAY THE 15^TH DAY OF FEBRUARY 2018

                                              

L. Natarajan,

No.3, Vidhya Nagar,

Ponniammanmedu,

Kolathur, Chennai 600 110.                    .. Complainant

 

                                      ..Vs..

 

M/s. Mahaveer Finance India Ltd.,

Rep. by its Proprietor,

Regd. Office : Agurchand Mansion,

1^st Floor, No.151, Mount Road,

Chennai 600 002.                                     ..  Opposite party.

 

Counsel for complainant         :  M/s. G.Parthasarathy.   

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 seeking direction to pay a sum of Rs.2,00,000/- as compensation for mental agony and to pay cost of the complaint.

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

          The complainant submit that he purchased a TATA  407 vehicle bearing No.TN-20-R-8850, 2004 model duly financed with the opposite party for a sum of Rs.3,93,400/- inclusive of finance charges of 13.50% for 36 monthly installment @ Rs.11,300/- p.m.  The opposite party  sent a statement  on 15.5.2008.    The complainant paid the 1^st installment on 13.6.2008.  On 14.7.2008 the complainant paid a sum of Rs.10,000/-.  On 14.8.2008 the complainant paid a sum of Rs.11,300/-. The complainant further state that all of sudden without any prior notice the opposite party seized the vehicle and issued notice dated 5.12.2008 and told that the vehicle will be sold if entire payment  of Rs.3,40,800/-  are not made within  seven days  and claimed a sum of Rs.7,000/- towards repossess charges.  Further the complainant state that while availing loan from the opposite party the complainant has given blank cheque leaf drawn on State Bank of India, Jawahar Nagar Branch towards security  purpose.   The opposite party filled the cheque leaf for as amount of Rs.94,000/- and presented the cheque for collection  and got endorsement as “insufficient fund and issued legal notice through an advocate on 16.9.2009 under N.I. Act.    After receipt of the said notice of the opposite party, the complainant sent reply through his advocate on 25.9.2009  wherein denied the averments of the opposite party legal notice that complainant did not failed and neglected to pay the amounts due.      As such the act of the opposite party amounts to deficiency in service which caused mental agony and hardship to the complainant.  Hence this complaint is filed.  

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

The  opposite party deny each and every allegations except those that are specifically admitted herein.  The opposite party state that in terms of the Loan agreement the complainant is liable to pay the monthly installment of Rs.11300/- for a period of 36 months.  However contrary to the terms of the loan agreement the complainant had failed to pay the installments due to the opposite party and has been consistently defaulting in his payments inspite of several promises in that regard.   Hence the complainant is not a consumer as per the C.P. Act 1986.   In terms of the loan agreement the opposite party is the owner of the vehicle till the last EMI is paid and the opposite party has the right to repossess the vehicle if the complainant failed to pay the Monthly installments.   At any point of time the complainant had issued a blank cheque in favour of the opposite party for the security purpose and it was issued only for the legal liability to be paid by the complaint.   Hence there is no deficiency in service on the part of the opposite  party and the complaint is liable to be dismissed.

3.    In order to prove the averments of the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A9 marked.  Proof affidavit of the opposite party not filed and no document marked on the side of the  opposite party.

4.      The points for consideration is :

Whether the complainant is entitled to a sum of Rs.2,00,000/- towards compensation for loss and mental agony with cost as prayed for ?

5.   ON  POINT :

        Both parties has not turned up to advance any arguments for long time.  Hence both parties argument closed.  The opposite party has not filed any proof affidavit  to prove the averments in the written version also.  Perused the records (viz) complaint, written version, proof affidavit and documents.    The complainant pleaded in the compliant and stated in the proof affidavit that he purchased a TATA  407 vehicle bearing No.TN-20-R-8850, 2004 model as per Ex.A1 duly financed with the opposite party for a sum of Rs.3,93,400/- inclusive of finance charges of 13.50% for 36 months installment @ Rs.11,300/- p.m.  The opposite party  sent a statement  on 15.5.2008.  But no document produced.  The complainant paid the 1^st installment on 13.6.2008 as per Ex.A2.  On 14.7.2008 the complainant paid a sum of Rs.10,000/- as per Ex.A4 & Ex.A5.  On 14.8.2008 the complainant also paid a sum of Rs.11,300/- vide Ex.B5. The complainant further pleaded and stated that all of a sudden without any prior notice the opposite party seized the vehicle and issued notice dated 5.12.2008 as per Ex.A6 and told that the vehicle will be sold if entire payment  of Rs.3,40,800/-  are not paid within  seven days  and claimed a sum of Rs.7,000/- towards repossess charges.  Further the complainant pleaded  and stated that while availing loan from the opposite party the complainant has given blank cheque leaf drawn on State Bank of India, Jawahar Nagar Branch towards security  purpose.   The opposite party filled the cheque leaf for an amount of Rs.94,000/- and presented the cheque for collection  without any intimation, or for reason what so ever the said cheque was returned with  endorsement as “insufficient fund” and issued legal notice through an advocate on 16.9.2009 under N.I. Act as per Ex.A6 for which the complainant issued a reply notice dated 25.9.2009 with correct particulars denying the allegation of the opposite party vide Ex.A8.  Since the opposite party with dishonest intention dispossessed the vehicle taking law into his hands without following the basic principle of law seized the vehicle and sold the same and issued notice under N.I. Act caused great mental agony and damage.  The complainant is claiming a sum of Rs.2,00,000/- towards compensation for such huge loss and mental agony. 

6.     The opposite party after filing written version denying the allegation has not come forward to prove the contents in the written version.

 

7.   As per cited a decision reported in

Supreme Court of India

CIVIL APPEAL NO.9711 OF 2011

CITICORP. MARUTI FINANCE LTD

..Vs..

S.VIJAYALAXMI

Considering the facts and circumstances of the case this forum is of the considered view that the opposite party shall pay a sum of Rs.1,00,000/- towards compensation for mental agony and loss with cost of Rs.5000/- and the point is answered accordingly.   

In the result the complaint is allowed in part.   The opposite party shall pay a sum of Rs.1,00,000/- (Rupees one lakh only) towards compensation for mental agony and loss with cost of Rs.5000/- (Rupees five thousand only) to the complainant. 

The above  amounts shall be payable within 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 Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 15^th  day of February 2018. 

 

MEMBER –I                       MEMBER-II                              PRESIDENT.

COMPLAINANT SIDE DOCUMENTS:

Ex.A1- 13.5.2008  - Copy of Hire Purchase contract letter.

Ex.A2- 13.6.2008  - Copy of payment receipt.

Ex.A3- 14.7.2008  - Copy of payment receipt.

Ex.A4- 14.7.2008  - Copy of payment receipt.

Ex.A5- 14.8.2008  - Copy of payment receipt.

Ex.A6- 5.12.2008  - Copy of letter by opposite party.

Ex.A7- 16.9.2009  - Copy  of Legal notice by opp. party.

Ex.A8- 25.9.2009  - Copy of legal notice by complainant.

Ex.A9- 12.10.2009         - Copy of Ack. Card.

OPPOSITE  PARTY SIDE DOCUMENTS:  ..Nil..

 

 

MEMBER –I                       MEMBER-II                              PRESIDENT.