Kerala

Malappuram

CC/504/2023

NIYAS K - Complainant(s)

Versus

MUTHOOT CAPITAL - Opp.Party(s)

29 Feb 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL
MALAPPURAM
 
Complaint Case No. CC/504/2023
( Date of Filing : 20 Sep 2023 )
 
1. NIYAS K
KOLAKATTIL HOUSE PAINKANNUR POST VALANCHERY 676552
...........Complainant(s)
Versus
1. MUTHOOT CAPITAL
JUNIOR MANAGER COLLECTION 1ST FLOOR MUNDEKKAT TOWER PAYYANANGADI TIRUR MALAPPURAM 676101
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. MOHANDASAN K PRESIDENT
 HON'BLE MR. MOHAMED ISMAYIL CV MEMBER
 HON'BLE MRS. PREETHI SIVARAMAN C MEMBER
 
PRESENT:
 
Dated : 29 Feb 2024
Final Order / Judgement

By Sri. MOHANDASAN.K, PRESIDENT

 

Case of the complainant is as follows:-

1.         The complainant submitted that his father availed a loan to purchase a motor bike from the opposite party.  But his father died during the next month August 3rd itself. Subsequently the loan payment was defaulted. Hence the complainant contacted customer care of the opposite party and the opposite party advised to remit the loan installments before opposite party office at Valanchery. It was also assured to waive cheque bounce charge if any in the transaction. Subsequently the entire instalments of loan amount remitted before the Valanchery office. Thereafter completing the payment approached for availing no objection certificate. But the opposite party demanded cheque bounce charges against assurance. So, the complainant remitted an amount of Rs.3,200/- on 14/12/2021 as waiver settlement. Thereafter the complainant approached for no objection certificate, but then also demanded some more amount towards the loan account and thereby refused to issue no objection certificate. Accordingly, the complainant approached the office of opposite party before Tirur and thereafter before Kochi. So far the opposite party did not issue the no objection certificate. Hence on 09/05/2023 the complainant caused email notice to the opposite party but no response from the side of opposite party. At the same time the opposite party making telephonic calls demanding further payment towards the loan account. Hence the prayer of the complainant is to direct the opposite party to issue no objection certificate and also to pay compensation of Rs.5 lakh.

2.         On admission of the complaint notice was issued to the opposite party and the opposite party received notice on 13/10/2023, but the opposite party did not turn up and so opposite party set exparte on 27/12/2023.

 

3.         The complainant filed affidavit and documents and they are marked as Ext. A1 to A8. Ext. A1 is copy of certificate of registration in respect of vehicle No. KL 55 AB 1091.  Ext. A2 is copy of   request to update payment of Rs.3,200/- against foreclosure – waiver settlement of Account No. 19089773 of Kunhimon. K issued by Muthoot capital services limited, Tirur. Ext. A3 is copy of statement of account to reveal payment of Rs.3,200/- towards foreclosure dated 14/12/2021.Ext. A4 is copy of temporary certificate of registration of vehicle No KL 55 /TMP/2019/6686/Kunhimon. K. Ext.A5 is copy of Adhaar of Naseeba w/o Navas K, Kolakkattil. Ext. A6 is copy of statement issued by Surfunisa w/o Kunhimon permitting to transfer ownership in favor of the complainant. Ext. A7 is copy of family membership certificate of deceased Kunhimon, the registered owner of the vehicle. Ext. A8 is certificate issued by Mr. Navas Kolakkattu permitting to transfer the RC ownership in favor of the complainant.

4.         Heard complainant, perused affidavit and documents. The case of the complainant stands proved through the affidavit and documents. There is no contra evidence against the case of complainant.  

5.         It can be seen that the father of the complainant was the registered owner of vehicle No KL 55 AB 1091 and he availed loan assistance from the opposite party. But the registered owner, the father of the complainant died on the next moth of availing financial assistance from the opposite party. Subsequently the entire loan amount was paid by the complainant including foreclosure amount of Rs.3, 200/- on 14/12/2021 as per Ext. A3. But the opposite party did not issue no objection certificate but raised illegal claims from the complainant. The complainant submitted that they remitted the entire loan amount and there is no due from the side of complainant towards the opposite party. Hence filed this complaint seeking direction against opposite party to issue no objection Certificate along with compensation and cost. The complainant produced family membership certificate of registered owner of the vehicle deceased Kunhimon Kolakkatt which reveal Surfunisa thozhukkaatil, Navas Kolakkattil, Niyas are the family members of the deceased Kunhimon. So it can be safely presumed that they are the legal hires of deceased kunhimon. Surfunisa Thozhukkattil the wife of Kunhimon and Navas Kolakkatil, son of kunhimon submitted statements Ext. A6 and A8 respectively expressing their willingness to transfer the registration certificate of the vehicle in favor of Niyas the complainant. Hence there is sufficient reason to direct the opposite party to issue no objection certificate in respect of the vehicle No. KL 55 AB 1091 in favor of complainant.  Though the complainant prayed for compensation of huge amount of 5 lakh rupees, which is not supported by any substantial document. The Commission do not find any financial loss sustained to the complainant in the transaction. At the same time the opposite party failed to provide proper service and also failed to appear before this Commission despite service of notice from this Commission. Hence the opposite party is liable to pay Rs.10,000/- as cost and compensation to the complainant.

6.   In the light of above fact and circumstances   we allow the complaint as follows: -

1) The opposite party is direct to issue no objection certificate at in respect

      Vehicle No. KL 55 AB 1091 in favor of the complainant.

2)         The opposite party is directed to pay Rs. 10,000/- (Rupees ten thousand only)

            as cost and compensation to the complainant.

The opposite party shall comply this order within one month from the date of receipt of copy of this order, failing which, the opposite party is liable to pay interest at the rate of 12% per annum for the above said amount from the date of filing this complaint to till date of payment.

Dated this 29th day of February, 2024.

Mohandasan. K, President

 

     Preethi Sivaraman.C, Member

     Mohamed Ismayil.C.V, Member

 

 

 

 

 

APPENDIX

Witness examined on the side of the complainant: Nil

Documents marked on the side of the complainant: Ext.A1 to A8

Ext.A1: Copy of certificate of registration in respect of vehicle No. KL 55 AB 1091.

Ext.A2: Copy of   request to update payment of Rs.3,200/- against foreclosure – waiver

             settlement of Account No. 19089773 of Kunhimon. K issued by Muthoot

              capital services limited, Tirur.

Ext A3: Copy of statement of account to reveal payment of Rs.3,200/- towards

              foreclosure dated 14/12/2021.

Ext A4: Copy of temporary certificate of registration of vehicle No KL 55    

             /TMP/2019/6686//Kunhimon.

Ext A5: Copy of Adhaar of Naseeba W/o Navas K, Kolakkattil.

Ext.A6: Copy of statement issued by Surfunisa W/o Kunhimon permitting to transfer

              ownership in favor of the complainant.

Ext.A7: Copy of family membership certificate of deceased Kunhimon, the registered

               owner of the vehicle.

Ext.A8: Certificate issued by Mr. Navas Kolakkattu permitting to transfer the RC

              ownership in favor of the complainant.

Witness examined on the side of the opposite party: Nil

Documents marked on the side of the opposite party: Nil

 

 

Mohandasan. K, President

     Preethi Sivaraman.C, Member

     Mohamed Ismayil.C.V, Member

 
 
[HON'BLE MR. MOHANDASAN K]
PRESIDENT
 
 
[HON'BLE MR. MOHAMED ISMAYIL CV]
MEMBER
 
 
[HON'BLE MRS. PREETHI SIVARAMAN C]
MEMBER
 

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