Andhra Pradesh

Chittoor-II at triputi

CC/19/2015

A.Kamala, W/o. Muniraja - Complainant(s)

Versus

Padma Priya Financiers, Authorized signatory - Opp.Party(s)

P.Balaji

15 Oct 2015

ORDER

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               Filing Date:17.04.2015

Order Date: 15.10.2015

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II,

CHITTOOR AT TIRUPATI

 

 

      PRESENT: Sri.M.Ramakrishnaiah, President ,

        Smt. T.Anitha, Member

 

 

THURSDAY THE FIFTEENTH DAY OF OCTOBER, TWO THOUSAND AND FIFTEEN

 

 

C.C.No.19/2015

 

Between

 

A.Komala, W/o. Muniraja, Hindu,

Aged about 33 years, House wife,

D.No. 18-1-720/5, Bavani Nagar,

Tirupati town, Chittoor District.                                                    … Complainant

 

 

 

And

 

1.Padma Priya Financiers, Authorized Signatory,

Ist Floor, K.C.S.R Complelx, Beside LPG Gas Bunk,

Renigunta Road, Tirupati Town.

 

2. Padma Priya Financiers Authorized Signatory,

Regional Office, Darmesh Towers, Near Library,

Kairatabad, Hyderabad.

 

3. Padma Priya Financiers, Authorized Signatory,

Head Office, K.V.R. Petrol Bunk,

Opp. Sindicate Bank, Darga Mitta, Nellore.                    …Opposite parties.

 

            This complaint coming on before us for final hearing on 29.09.15 and upon perusing the complaint, written version and other relevant material papers on record and on hearing Sri.P.Balaji, counsel for the complainant, and  counsel for the opposite parties remained exparte and having stood over till this day for consideration, this Forum makes the following:-

 

ORDER

DELIVERED BY SMT. T. ANITHA , MEMBER

ON BEHALF OF THE BENCH

           

            This complaint is filed under Section-12 of C.P.Act 1986, complaining the deficiency of service on part of the opposite parties and prayed this forum to direct the opposite parties to hand over the auto and to pay the damages for loss of income from the date of illegal custody till today and to pay compensation of Rs.30,000/- towards mental agony caused by the opposite parties to the complainant.

            2. The averments of the complaint in brief are:-   The complainant who is a house wife for  eaking her livelihood, she purchased a Bajaj Auto from the authorized dealer by name Tirumala Motor Bikes Private Ltd., Badri Nagar, Renigunta road, Tirupati on 05.09.2014 by getting financial support from the opposite party No.1. and also she insured said vehicle with Sri Ram General Insurance Company Ltd., and she use to get income of Rs.300/- per day by  hiring the auto for rent, which is the main source of income for her. The complainant further submits that on 03.12.2014 at about 7a.m. some unknown persons taken away the said auto without the knowledge of the complainant. After thorough search by her and her husband on 05.12.2014 she came to know that the said auto was in the custody of opposite party no.1. After several requests made by her for the possession of the vehicle the opposite parties refused the same and issued seizure notice to her, even she is willing to discharge the balance due to the opposite party No.1. The complainant caused a legal notice to the opposite party no.1 to 3 for the possession of the auto along with D.D of Rs.820/- in favour of the opposite party no.1. Even though after receipt of the said notice and D.D. on 31.12.2014 the opposite parties did not complied the same. The complainant further submits that she received a sale notice on05.02.2015 even after receipt of the D.D amount which is fell due to opposite parties which are nothing but deficiency of service and un-fair trade practice of opposite parties towards the complainant. Hence the complainant filed this present case by praying this Honourable Forum to direct the opposite parties to hand over the auto and to pay the damages for the loss of the income from the date of the seizure of the vehicle till today and to pay compensation of Rs.30,000/- towards mental agony caused to the complainant  by the opposite party and to pay costs of the litigation.

          3. The complainant filed his evidence on affidavit and got marked Ex.A1 to A4 and written arguments were filed and oral arguments were heard. Now the points for consideration are:-

            (i).  Whether the complainant purchased the auto with the financial assistance

                  of opposite parties?

            (ii). Whether the vehicle in question is seized by the opposite parties? If so?

                   whether there is any deficiency of service on part of them?

           (iii)    Whether the complainant if entitled for reliefs as prayed for? To what   

                      result?

           4. Point No.(i):-  The main case of the complainant  is  as she purchased the Bajaj Auto from the authorized dealer by name Tirumala Mobikes Private Ltd., Badri nagar, Tirupati on 25.09.2014 for Rs. 1,25,000/- which was financed by first opposite party and also she has stated that she use to let out the said auto for hire and she is getting the income of  Rs.300/- per day as a rent. The complainant further submits that on 03.12.2014 the opposite parties seized the vehicle without giving any prior notice to her as she is due in payment of installments. The complainant came to know on 05.12.2014 that the opposite parties seized the auto and she requested the opposite parties for the possession of the vehicle and she paid the due amount Rs.820/- by way of demand draft and same was sent to the opposite parties along with notice. But the opposite parties failed to return the vehicle even after receipt of the said demand draft and notice on 31.12.2014. The complainant further submits that on 05.02.2015 she received a sale notice from the opposite parties even after she paid the installment amount.

           5. The complainant in order to prove her contention that she has taken the financial assistance from the opposite parties for the purchase of the auto, she got marked Ex.A1 the invoice of the auto dated 25.09.2014, in the said invoice it clearly mentioned that the complainant was taken the financial assistance from Sri Ram Transport Finance Corporation Ltd., Tirupati and same was hypothecated to them. It clearly shows that there is no dispute regarding the purchase of the auto by the complainant. But the said auto was financed by some other finance company not with the opposite parties whose names were mentioned in the complaint. Hence it clearly manifests that the opposite parties who are mentioned in the present complaint are no way concerned with the transactions between the complainant and Sri Ram Auto Finance Ltd., and the said auto was hypothecated to the Sri Ram Auto Finances Ltd., not with the opposite parties mentioned in the complaint .The complainant failed to implead the necessary parties in the present complaint. Hence this complaint is bad for non-joinder of proper and necessary parties. Hence this point is answered against the complainant.   

          6. Point No.(ii):- The next contention of the complainant is, her auto was seized by the opposite parties on 03.12.2014 as she is due in paying  the installments and also stated that she cleared due amount of Rs.820/- by way of demand draft and same was sent to the opposite  parties with legal notice. Even after of receipt of the said demand draft also the opposite parties issued sale notice to the complainant. But she failed to file the copy of the said D.D and also the sale notice as she cleared the due amount stated by her. Except the bald allegations the complainant failed to place any documentary evidence to substantiate her case. Hence as the point already discussed above that the opposite parties are not proper and necessary parties in this complaint, the question of deficiency would not arise. Hence this point is answered against the complainant.

           7. Point No.(iii):- As the points (i) and (ii),discussed above against the complainant the question of entitlement would not arise.

                 In the result complaint is dismissed. No costs.

              Dictated to the stenographer, transcribed and typed by her, corrected and pronounced by me in the Open Forum this the 15^th day of October, 2015.

         Sd/-                                                                                                             Sd/-

Lady Member                                                                                                      President

 

APPENDIX OF EVIDENCE

 

Witnesses Examined on behalf of Complainant.

 

PW-1: A. Komala  (Chief Affidavit filed).

 

Witnesses Examined on behalf of Opposite Parties.

 

RW-1:  NIL

 

 

EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT

 

Exhibits (Ex.A)	Description of Documents
	Original Invoice of the Vehicle. Dt: 25.09.2014.
	Original Receipt of the insurance policy. Dt: 25.09.2014.
	Office copy of the Legal notice. Dt: 31.12.2014.
	Served acknowledgements. Dt: 17.04.2015.

 

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTIES

 

NIL

 

                                            

                                                                                                                  Sd/-                                                                                                                                                   

                                                                                                              President

               

 

 

// TRUE COPY //

 

// BY ORDER //

Head Clerk/Sheristadar,

                                                  Dist. Consumer Forum-II, Tirupati

 

Copies to:-     1. The Complainant.

                      2. The opposite parties.