Andhra Pradesh

Chittoor-II at triputi

CC/97/2016

Sreenu Kadali, S/o K.Ramu - Complainant(s)

Versus

Ramana Auto Financiers, rep.by its Managing Partner, Ramana, - Opp.Party(s)

B.Narahari Reddy

11 Oct 2017

ORDER

         

 

                                                                                                Filing Date: 03-10-2016                                                                                                               Order Date: 11-10-2017

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, CHITTOOR AT TIRUPATI.

Present: - Sri. Ramakrishnaiah, President

                                                       Smt. T.Anitha, Member

 

WEDNESDAY, THE ELEVENTH DAY OF OCTOBER, TWO THOUSAND AND SEVENTEEN

 

C.C.No.97/2016

Between

Sreenu Kadali,

S/o. K. Ramu, Hindu, aged about 34 years,

Business, residing at D.No. 19-10-107,

New Indira Nagar, Tirupati Town,

Chittoor District.                                                                    … Complainant

 

And

1. Ramana Auto Financiers,

Rep. by its Managing Partner,

Ramana, having its office at D.No. 24-9-1/4,

Ramakoti Mydanam East Road,

Ramanagar, Vijayawada.

 

2. The Manager, Ramana Auto Financiers,

Having its office at D.No. 18-2-263,

C/12, CMR Complex, Tirumala Byepass Road,

Tirupati Town, Chittoor District.                                       … Opposite parties 

 

         This complaint coming on before us for final hearing on 05.10.2017 and upon perusing the complaint, written arguments of the complainant and other relevant material papers on record and on hearing of Sri.B.Narahari Reddy, counsel for the complainant and opposite parties are remained exparte having stood over till this day for consideration, the Forum made the following.

ORDER

DELIVERED BY SMT. T. ANITHA, MEMBER

ON BEHALF OF THE BENCH

        This complaint is filed under Section- 12 of the Consumer Protection Act, 1986, by the complainant complaining the deficiency in service on part of the opposite parties and prayed this Forum to direct the opposite parties  to issue No-objection certificate in favour of the complainant in respect of TATA Ace Vehicle bearing No. AP03TA4625 purchased by him on 29.05.2013 from the opposite parties, to direct the opposite parties to pay Rs.50,000/- to the complainant towards financial loss and also a sum of Rs.50,000/- towards mental agony and deficiency in service and to pay costs of the complaint.

       2. The brief facts of the case are:   The complainant purchased TATA Ace car bearing registration number AP03TA4625 from the second opposite party at Tirupati on 29.05.2013 for a total cost of Rs.2,30,000/- and he paid an advance of Rs.70,000/- and agreed to pay the remaining consideration in 16 installments @ 10,365/- each installment. The complainant further submits that, he paid the installments irregularly for some time that he paid Rs.10,365/- on 08.07.2013, Rs.10,400/- on 11.09.2013, Rs. 10,300/- on 18.12.2013 and Rs. 10,400/- on 15.01.2014 and he totally paid a sum of Rs.41,565/- by way of installments. As per settlement reached between the complainant and the opposite party no.2 the complainant has paid Rs.97,000/- to the second opposite party and the opposite party no.2 issued a receipt on behalf of the opposite party no.1  and endorsed the same as there are no dues to the opposite party by the complainant as on 21.07.2014. After receipt of the total installments the opposite party failed to issue the No-objection certificate to the complainant even after several requests made by him which is nothing but deficiency in service on part of the opposite parties towards him and also he suffered a loss both mentally and financially. Hence the complainant issued legal notice on 05.02.2016 to the opposite parties calling upon them to issue  No-objection certificate. After receipt of the said notice, the opposite parties neither issued a reply notice nor issued  No-objection certificate. Hence he caused an another legal notice on 26.04.2016, but the opposite parties even after receipt of the said notice also they failed to issue No-objection certificate or reply notice. Hence he filed the present complaint.

       3. Even after receipt of the notices issued by this forum the opposite party failed to appear before this forum and contests the case of the complainant. Hence opposite parties called absent and set exparte.  

       4. The complainant filed his evidence on affidavit and Ex: A1 to A8 were marked on

behalf of him. The complainant filed his written arguments and oral arguments were heard.

       5. Now the points for consideration are:-

              (i)  Whether there is any deficiency in service on part of the opposite parties    

                     towards the complainant?           

             (ii)  Whether the complainant is entitled to the reliefs as prayed for? If so?         

             (iii)  To what Relief?

        6.Point No (i):-    The main case of the complainant is, he purchased TATA Ace car bearing No.AP03TA4625 from the opposite party no.2 on 29.05.2013 for total consideration of Rs.2,30,000/- by paying an advance of Rs.70,000/- and executed an agreement in favour of the opposite party that he will pay the remaining balance by way of 16 installments for Rs.10,365/- each installment under Ex:A1 the agreement dt: 29.05.2013 and also he has stated that he paid some installments irregularly to the opposite parties and in total he paid for Rs.41,565/- by way of installments under Ex:A2 and in order prove his contention he filed bunch of receipts under Ex:A2 and also the complainant stated that on 21.07.2014 he paid Rs.97,000/- towards the remaining sale consideration to the opposite party no.2 and the opposite party no.2 issued the letter under Ex:A3 dt: 21.07.2014 and endorsed in the above said letter that there are no dues regarding the sale consideration of the vehicle under Ex:A3 by the complainant.

      The complainant further submits that after receipt of the total sale consideration by the opposite party no.2, on behalf of the opposite party no.1 failed to issue the No-objection certificate to the complainant. Hence after several requests made by him the opposite parties failed to issue the same. Hence, he caused a legal notice on 05.02.2016 calling upon the opposite parties to issue the No-objection certificate. But, after receipt of the said notice the opposite parties failed to issue the same hence he caused  another legal notice on 26.04.2016 even after receipt of the second notice also the opposite parties failed to comply the same. Hence after receipt of the entire sale consideration the opposite parties failed to issue No-objection certificate hence the complainant suffered severe financial loss and also suffered mental agony which is nothing but deficiency in service on part of the opposite parties towards him. Hence as per Ex:A1 it clearly shows that the complainant purchased the vehicle from the opposite parties for total consideration of Rs.2,30,000/- and he paid Rs.70,000/- towards advance of the said vehicle and agreed to pay the remaining sale consideration by way of installments.

      The complainant further stated that he paid sale consideration of Rs.41,565/- by way of Ex:A2 and also Ex:A8 shows that the complainant has paid Rs.1,42,000/- towards sale consideration to the opposite parties and also Ex:A3 clearly shows that the complainant has paid the entire dues to the opposite party no.2 and same was endorsed by opposite party no.2 under Ex:A3, which clearly shows that after receipt of the entire sale consideration from the complainant, the opposite parties failed to issue No-objection certificate even after receipt of the legal notices under Ex:A4 and A6. As the opposite parties remained exparte and unchallenged the contentions of the complainant and also as per Ex:A1 to A8 clearly shows that the complainant has cleared the dues towards the sale consideration to the opposite parties. Hence even after receipt of the entire sale consideration the opposite parties failed to issue No-objection certificate and also even after receipt of the legal notices neither they issued  reply notice nor  they issued the  No-objection certificate to the complainant which is nothing but deficiency in service on part of the opposite parties towards the complainant. Hence this point is answered  in favour of the complainant.   

       7.Point No(ii):-  As per Ex:A1 it clearly shows that the complainant purchased the vehicle from the opposite party no.2 and he paid an advance of Rs.70,000/- and agreed to pay remaining balance by way of installments and Ex:A2 and Ex:A3 clearly shows that the complainant has paid total consideration on 21.07.2014 itself and same was endorsed by the opposite party no.2. Even after receipt of the entire sale consideration  the opposite parties failed to issue the No-objection certificate to the complainant and caused mental agony to the complainant. The complainant further stated that, because of the absence of No-objection certificate he suffered financial loss, but in order to prove that he sustained financial loss he has not filed any document hence it cannot be considered. As the opposite parties failed to issue the No-objection certificate even after receipt of the sale consideration from the complainant till today which is nothing but deficiency in service. Hence on those circumstances the complainant is entitled of Rs.10,000/- (Rupees ten thousands only) towards compensation for mental agony and deficiency in service and also the complainant is entitled an amount of Rs.2,000/-(Rupees two thousands only) towards costs of the complaint. Hence this point is answered accordingly.

       8.Point (iii):-   In view of our discussion on points 1 an 2, we are of the opinion that there is deficiency in service on part of the opposite parties, hence the complaint is to be allowed.

          In the result, the complaint is allowed in part directing the opposite parties 1 and 2  jointly and severally to issue No-objection certificate to the complainant. The opposite parties are further directed to pay a sum of Rs.10,000/- (Rupees ten thousands only) towards compensation for mental agony and deficiency in service and to pay Rs.2,000/- (Rupees two thousands only) towards litigation expenses. The opposite parties further directed to comply with the order within six(6) weeks from the date of receipt of copy of this order failing which,  the above said compensation amount of Rs.10,000/- (Rupees ten thousand only) shall carry interest @ 9% p.a. from the date of this order till realization.

         Dictated to the stenographer, transcribed and typed by her, corrected and pronounced by me in the Open Forum this the 11^th day of October, 2017.

            Sd/-                                                                                                                  Sd/-                                                                                                                                                                             

  Lady Member                                                                                                           President

 

APPENDIX OF EVIDENCE

 

witnesses examined on behalf of complainant/s.

 

PW-1:  K. Sreenu Kadali (Chief Affidavit filed).                               

                                           

witnesses examined on behalf of opposite party/s.

                                                                             

-NIL-

 

                EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT/s    

 

Exhibits (Ex.A)	Description of Documents
	Original copy of Agreement executed by the opposite parties in favour of the complainant. Dt: 29.05.2013.
	A Bunch of 6 original receipts (Receipt No. 11018, Dt: 11.09.2013, Receipt No.4658, Dt: 29.05.2013, Receipt No.10549, Dt: 08/07/2013, Receipt No.4079, Dt: 21.07.2014, Receipt No.11969, Dt: 18.12.2013, Receipt No.12351, Dt: 25.01.2014) issued in favour of the complainant by Authorized Person of the opposite parties.
	Original copy of Letter given by opposite party filed by the complainant. Dt: 21.07.2014.
	Office copy of Legal Notice issued by the complainant to the opposite parties. Dt: 05.02.2016.
	Postal acknowledgements 2 in number from the opposite parties for the said legal notice, dated : 05.02.2016.
	Office copy of legal notice issued by the complainant to the opposite parties. Dt: 26.04.2016.
	Postal acknowledgement from the opposite parties for the said legal notice, Dated 26.04.2016. Dt: 30.04.2016.
	Original receipt issued in favour of complainant for the amount of Rs.1,42,000/- by Authorized person of the opposite parties . Receipt No.99, Dt: 15.11.2014.

 

EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTY/s

 

-NIL-

 

 

                            Sd/-

                                                                                                    President

// TRUE COPY //

                                               // BY ORDER //

 

                                          Head Clerk/Sheristadar, 

                                              Dist. Consumer Forum-II, Tirupati.

 

Copies to:  1) The Complainant, 

                  2) The Opposite parties.