DATE OF FILING :31/01/17
IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Dated this the 29th day of June 2018
Present :
SRI. S. GOPAKUMAR PRESIDENT
SRI. BENNY. K. MEMBER
CC NO. 23/2017
Between
Complainant : Joby Joseph,
Nellikkunnel House,
Kulapparachal P.O., Rajakumari
(By Adv: Shiji Joseph)
And
Opposite Party : 1 . Prathapan N., S/o Narayanan Nair,
Kuzhikandathil House,
Koodapulam P.O., Ramapuram.
2 . The Corporation Bank Thodupuzha,
Represented by its Branch Manager.
(By Adv: Thomas Sebastian)
O R D E R
SRI. BENNY. K. (MEMBER)
The case of the complainant is that,
On 15/06/2015 the complainant and the first opposite party had entered into an agreement to purchase a car for Rs.2,45,000/- while purchasing the opposite parties told the complainant that an amount of Rs.2 Lakhs is outstanding in the loan account with the second opposite party. For closing the said loan complainant paid Rs. 1,95,000/- as advance. It was specifically stated in the agreement that within 60 days from the date of the agreement the first opposite party shall close the loan and hand over the records of the vehicle after receiving Rs.50,000/-.
The complainant has always been ready to pay the balance amount. But the first opposite party was not ready to close the loan account. On 20/09/16 the complainant issued a lawyers notice but no reply was given. On 29/11/2016 the complainant gave a written complaint to the Head of department of Animal Husbandry Department, Kottayam. Where the first opposite party is working.
(Cont.....2)
-2-
After receiving the amount in advance and not ready to close the loan and non delivery of document of the car is gross deficiency in service on the part of the first opposite party. Hence the complainant approached before this forum for getting an order to clear the arrears of the loan of the vehicle No.KL 35E 1157, to return all documents and for cost and compensation.
As per the written version filed by the first opposite party that this matter will not come under the jurisdiction of the Honourable Forum against the opposite parties because there is no service deficiency or any other default from the part of the opposite parties.
As per the written version filed by the second opposite party that there is no contractual obligation between the complainant and the second opposite party. The second opposite party has not received any consideration from the complainant, therefore the complainant is not a consumer. The second opposite party is not aware of the agreement between the complainant and the first opposite party. The first opposite party and his wife availed a vehicle loan of Rs.2,90,000/- on 12/01/2013 by hypothecating Maruthi Alto K10 Car having Reg. No.KL-35E-1157 in favour of the second opposite party. The first opposite party defaulted repayment of the said loan, the second opposite party has already issued notice under the provisions of SERFAESI Act to take possession of the vehicle, only after repayment of the entire loan amount and making necessary endorsement in R. C. Book, The first opposite party can sell the vehicle.
Heard both sides,
The point that arose for consideration is whether there is any deficiency in service from the part of opposite parties, and if so, for what relief the complainant is entitled to ?
The complainant is examined as PW1 and Ext.P1 to Ext.P3 were marked.
The Point:- The complainant and the first opposite party had entered into an agreement on 15/06/15 to purchase a car for Rs.2,45,000/-. While purchasing the car, an amount of Rs. 2 Lakhs is out standing in this loan account with the
(Cont.....3)
-3-
second opposite party. Complainant paid Rs.1,95,000/- as advance. It was specifically stated in the agreement that within 60 day from the date of agreement the first opposite party shall close the loan and hand over the records of the vehicle after receiving Rs.50, 000/-, Ext.P1. The complainant has always been ready to pay the balance amount. But the first opposite party was not ready to close the loan account. On 20/09/16 complainant issued a lawyer notice but no reply was given, Ext.P2. On 29/11/16 the complainant gave a written complaint to the Head of Department of Animal Husbandry Department, Kottayam. Where the first opposite party is working, Ext.P3. After receiving the amount in advance and non delivery of documents of the car is a clear deficiency in service from the part of the first opposite party.
In the written version filed by the first opposite party challenged jurisdiction of the Honourable Forum that there is no deficiency in service on any default from the part of the opposite parties. The matter in issue to this complainant is a civil proceeding and hence it will not come under the jurisdiction of this Forum. As per the second opposite party that there is no contractual obligation between the complainant and the second opposite party and this opposite party never received any consideration from the complainant. The first opposite party and his wife availed a loan of Rs.2,90,000/- by hypothicating Maruthi Alto Car Reg. No.KL 35E 1157 in favour of the second opposite party. The first opposite party defaulted the repayment of the said loan. The only dispute is regarding the repayment of the loan taken by the first opposite party. Without closing the loan with second opposite party and making necessary endorsement in R.C. Book the first opposite party sold the vehicle to the complainant, without informing the second opposite party. As per the Ext.P1 agreement the vehicle is sold for Rs.2,45,000/- while purchasing the car complainant paid Rs.1,95,000/- in advance, to close the loan account but the first opposite party never closed the loan and made default in the loan account. We find that after receiving the 1,95,000/- in advance and not ready to close the loan and non delivery of document of the car is a gross deficiency in service from the part of the first opposite party.
(Cont.....4)
-4-
Hence petition allowed. The first opposite party is directed to close the loan account of the car with second opposite party within 30 days from the date of the receipt of the copy of this order, the first opposite party is also directed to pay Rs.10,000/- as compensation and Rs.5000/- as cost, failing which this amount shall carry 12% interest per annum from the date of default till the realization
Pronounced in the Open Forum on this the 29th day of June, 2018.
Sd/-
SRI. BENNY. K. (MEMBER)
Sd/-
SRI. S. GOPAKUMAR (PRESIDENT)
APPENDIX
Depositions :
On the side of the Complainant :
PW1 - Joby Joseph
On the side of the Opposite Party :
Nil
Exhibits :
On the side of the Complainant :
Ext.P1 - The copy of Agreement
Ext.P2 - The lawyer notice
Ext.P3 - The complainant gave a written complaint to the
Head of Department of Animal Husbandry Department, Kottayam.
On the side of the Opposite Party :
Nil.
Forwarded by Order,
SENIOR SUPERINTENDENT
