DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD

Dated this the 13^th day of July 2011

Present : Smt. Preetha G Nair, Member

: Smt.Bhanumathi.A.K. Member Date of filing: 11/08/2010

(C.C.No.102/2010)

T.Moideen,

S/o.Kadeejakutty,

Thekkethil House, Nellikkattiri Post,

Koottanadu, Ottapalam Taluk,

Palakkad. - Complainant

(By Adv.M,Ramesh)

V/s

M/s.Shreeram Transport Finance Co.Ltd.

Branch Office at Sunshine Complex,

T.B.Road, Palakkad – 6 78 001.

(Rep.by its Authorised Signatory) - Opposite party

(By Adv.B.Kamal Chand)

O R D E R

By Smt.PREETHA G NAIR, MEMBER

The complainant availed a vehicle finance of Rs.1,55,000/- from the opposite party as per Loan Agreement No.PAL 75952 dated 15/6/2007 for purchasing a TATA 207 Pick up Van. As per the terms and conditions in the agreement the loan is to be repaid in monthly installments from 15^th July 2007 to 15^th June 2010. The total amount repayable to the opposite party as per the loan agreement is Rs.2,11,003/-. After availing the finance, the complainant has been remitting the installments regularly without any default. The complainant has remitted Rs.16,000/- on 18/1/2010 as directed by the opposite party towards the final settlement. Then the total amount collected from the complainant comes to Rs.2,41,000/-/ Thus the opposite party collected an excess amount of Rs.30,197/- from the complainant. The complainant having doubt about the statements of the amounts collected. Then he demanded account copy and on verification, it is found that many installments paid by the complainant were not given credit to the loan account. The account copy showed a balance amount of Rs.4,579/- as due from the complainant. The complainant is not liable to pay any amount to the opposite party. The complainant approached the opposite party several times to get refund of the excess amount of Rs.30,197/- But the opposite party has not given any amount to the complainant. Finally the complainant sent a lawyer notice to the opposite party. But the opposite party has not sent a reply notice and not settled the claim amount. Hence the complainant prays for an order directing the opposite party to

1. Pay Rs.30,197/- with 12% interest per annum as excess amount collected

2. Return the R.C.Book alongwith No Objection Certificate and the blank cheque, Pronote and other loan documents

3. Pay Rs.50,000/- as compensation for the mental agony and injuries suffered on account of unfair trade practice and deficiency in service.

4. Pay the cost of the proceedings.

Opposite party filed version stating the following contentions. The opposite party admitted that the complainant has availed a vehicle loan for Rs.1,55,000/- At the time of availing of the loan the complainant has agreed to repay the amount in 36 monthly installments. The total agreed value is Rs.2,37,237/- The opposite party stated that Rs.54,367/- is the interest amount, Rs.10,400/- as the insurance premium amount, Rs.9,200/- as the next year insurance premium amount, Rs.8,000/- as the final year premium amount. As per the loan agreement the complainant is bound to pay delayed payment charges @3% per month. The opposite party has never insisted to give any blank cheques, RC Book of the vehicle and pronote from the complainant. The complainant was a regular defaulter. The complainant is bound to pay Rs.15,801/- to the opposite party. The opposite party has not given any copy of account extract to the complainant. The complainant has not approached the opposite party for refunding the excess amount. There is no deficiency in service or unfair trade practice on the part of opposite party. Therefore, opposite party prayed that dismiss the complaint with cost.

Both parties filed affidavit and documents. Ext.A1 to Ext.A2 series marked on the side of the complainant. Ext.B1 to Ext.B3 marked on the side of the opposite party. Matter was heard.

Issues to be considered are

1. Whether there is any deficiency in service on the part of opposite party ?

2. If so, what is the relief and cost entitled to the complainant ?

Issue No.I & II

Admittedly the complainant has availed loan of Rs.1,55,000/- from the opposite party. In Ext.B2 schedule I shows that

Loan amount - Rs.1,55,000/-

Tenure of Loan - 36 months

Interest amount - Rs.54,637/-

2^nd Year Insurance Premium - Rs.10,400/-

3rd Year Insurance Premium - Rs. 9,200/-

4^th Year Insurance Premium - Rs. 8,000/-

Total agreed Value - Rs.2,37,237/-

The complainant has not any objection to marking of this document and also the complainant has signed this document. The complainant stated that the insurance premium is to be paid by the complainant. No evidence was produced by the complainant to prove that the insurance premium is paid. In Ext.B2 the total agreed value is Rs.2,37,237/- Thereafter all the installments are clearly mentioned, the 1^st to 12^th installment is Rs.8,000/-, 13^th to 24^th installment is Rs.6,000/-, 25^th to 35^th installment is Rs.3,550/-, 36^th installment is Rs.2,588/-.

The complainant stated that the total amount of installment is Rs.2,09,638/- Then the opposite party stated that the insurance premium amount is added to the total amount as Rs.2,37,237/- But Rs.2,09,638/- + Rs.10,400/- + Rs,9,200/- + Rs.8,000/- = Rs.2,37,238/- There is only one rupee difference comes in the calculation of opposite party. Then there is a confusion in the calculation of opposite party. In the present case the opposite party stated that they have not given the statement of account to the complainant. Ext.A2 is the hirer ledger details as on 21/01/2010. In Ext.B2 mentioned the installments. But not clearly stated the date of payment of insurance premium amount. It is clearly stated only 36 installments and not included the insurance amount. The complainant has paid all installment amount. Later the complainant has paid Rs.16,000/- on 19/01/2010. In Ext.B1 the last installment to be paid on 15/6/2010 and the 36^th installment is Rs.2,588/-. In Ext.B3 the complainant has paid Rs.16,000/- on 19/1/2010. Ext.B3 marked with objection. Thereafter the opposite party has deducted due amount from the account of the complainant. No evidence was produced by the opposite party to prove statement of account not given to the complainant. In Ext.B2 – 10.10 The borrower and the Guarantor shall execute a demand promissory note with joint and several liability in favour of the Lender for the total amount of installments payable for the vehicle as per Schedule I. Then opposite party argued that a demand promissory note is executed by the complainant. In Ext.A2 the balance due amount is Rs.4,579/- The complainant has not paid the installments regularly. Then the opposite party has deducted the interest amount. The opposite party stated that balance due amount is Rs.15,801/- as on 12/10/2010. In the above discussions we are of the view that deficiency in service on the part of opposite party.

In view of the above stated facts and circumstances of the case we allow the complaint and order the following.

1. Complainant shall pay an amount of Rs.4,579/- (Rupees Four thousand five hundred and seventy nine only) being the amount due to opposite party within one month from the date of receipt of order

2. On receipt of the said amount, opposite party shall return the R.C.Book, No Objection Certificate and the blank cheques to the complainant within one month

3. On failure of return of R.C.Book, No Objection Certificate and the blank cheques within the stipulated period complainant is entitled to an amount of Rs.15,000/- (Rupees Fifteen thousand only) as compensation

4. Opposite party shall pay an amount of Rs.1,000/- (Rupees One thousand only) as cost of the proceedings to the complainant.

   Failing which the complainant entitled for 9% interest for the whole amount from the date of order till realization.

Pronounced in the open court on the 13^th day of July 2011.

Sd/-

Preetha G Nair

Member

Sd/-

Bhanumathi A.K

Member

APPENDIX

Exhibits marked on the side of the complainant

Ext.A1 series - Copy of Lawyer notice sent by complainant's Advocate dated

18/5/10 to opposite party alongwith postal acknowledgment

card and postal receipt.

Ext.A2 – Copy of Statement of Accounts issued by opposite party

Exhibits marked on the side of the opposite parties

Ext.B1 – Certified copy of Power of Attorney

Ext.B2 – The Original of the loan cum hypothication agreement

Ext.B3 – Copy of Accounts statement of the complainant

Cost Allowed

Rs.1,000/- allowed as cost of the proceeding.