DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 17th day of October, 2022
Present : Sri.Vinay Menon V., President
: Smt.Vidya A., Member
: Sri.Krishnankutty N.K., Member Date of Filing: 18/11/2021
CC/208/2021
1. Kannan,
S/o.Narayanan,
47/270, Moothanthara,
Vadakkanthara P O,
Palakkad-678 012.
2. Narayanan,
S/o. Gopi Ezhuthassan,
47/270, Moothanthara,
Vadakkanthara P O, Palakkad-678 012. - Complainants
(By Adv. P B Harris)
Vs
- PNY Sabha finance Ltd.,
Rep.by its Manager,
VII/276, PNY Sabha Building, Anthikkad,
Trissur -680 641.
- PNY Sabha finance Ltd.,
Rep.by its Recovery Officer,
VII/276, PNY Sabha Building, Anthikkad,
Trissur -680 641.
- PNY Sabha finance Ltd.,
Rep.by its Manager,
Melamuri, Palakkad. - Opposite parties
(By Adv. Preetha Gopinath)
O R D E R
By Sri.Krishnankutty N.K, Member
Pleadings of the complainant in brief.
- The Crux of this complaint is the issuance of recovery notice to the complainants by the opposite party in the case of a vehicle loan availed by the 1st complainant on the personal guarantee of 2nd complainant which is said to have been settled /closed earlier.
The 1st complainant availed a vehicle loan of Rs.61331/- from the opposite party against the personal guarantee of 2nd complainant. The complainants remitted Rs.25030/- to the loan account. When there was over due in the account, as directed by the opposite parties the complainants surrendered the vehicle to their office on 04.03.2017 Rs. 48000/- was fixed as the 2nd hand market price of the vehicle and the opposite parties informed the complainants that the loan has been set off with this Rs 48000/- along with Rs.25630/- already remitted in cash by the complainant. But no record was handed over to the complainants by the opposite parties to show that the loan account is closed. On verification of the site of the RTO the complainant found that the surrendered vehicle was already sold to one Mr.K Rahul.
After five years of the above transaction, the complainant received a registered notice in September 2021 from the opposite party demanding Rs.44570/- towards the outstanding amount in the loan account. Again on 22.10.2021 another notice was also received from the opposite party demanding repayment of above amount, failing which the opposite party will be proceeding with arbitration proceedings for recovery.
Hence the complainants approached this commission with the prayer for ordering the opposite parties to issue the records of setting off the loan account and also for a compensation of Rs.50000/- towards mental agony & deficiency in service.
- Notices were sent to opposite parties and they entered appearance. But they did not file version and were absent for the subsequent proceedings of the case.
- The complainants were also continuously absent for the subsequent sittings of the case.
Hence the case was taken for orders based on merit.
In the absence of version from the opposite parties, proof affidavit and further documentary evidence from the side of the complainants, this Commission is not in a position to examine the merit of the case. Further the continuous absence of the complainants is a clear indication that they are not interested to proceeded with the case.
Hence the complainant is dismissed.
Pronounced in open court on this the 17th day of Octobert, 2022.
Sd/-
Vinay Menon V
President
Sd/-
Vidya A
Member
Sd/-
Krishnankutty N.K.
Member
APPENDIX
Exhibits marked on the side of the complainant : NIL
Exhibits marked on the side of the opposite party : NIL
Witness examined on the side of the complainant :-Nil
Witness examined on the side of the opposite party:-NIL
Cost : NIL.
