KERALA STATE CONSUMER DISPUTES REDRESSAL
COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.
APPEAL NO.37/2008
JUDGMENT DATED:24-11-2010
PRESENT:
JUSTICE SHRI. K.R. UDAYABHANU :PRESIDENT
SHRI.S. CHANDRAMOHAN NAIR : MEMBER
1. The Managing Director,
Ashok Leyland Finance Ltd.,
Regd. Office, Sudarsan Building,
86, Chamiers Road, Madras-600 018.
2. The Manager,
Ashok Leyland Finance Ltd.,
36/1270, 1st floor, : APPELLANTS
Vithayathil Chambers,
Lissie Junction, Kochi-682 018.
3. The Manager,
Ashok Leyland Finance Ltd.,
Saradha Building,
Annie Hall Road, Calicut.
(By Adv.Sri.R.Balakrishnan Nair)
Vs.
Saramma Vincent, W/o Vincent,
Ebenezer House, Poomala Post, : RESPONDENT
Sulthan Bathery, Wayanad Dist.
(By Adv.Sri.C.A.Chacko)
JUDGMENT
JUSTICE SHRI. K.R. UDAYABHANU:PRESIDENT
The appellants are the opposite parties in CC.61/06 in the file of CDRF, Wayanad. The appellants are under orders to pay a sum of Rs.50,000/- with interest at 9% and Rs.500/- as cost to the complainant.
2. The case of the complainant is that he has paid an excess amount of Rs.29,972.82 and also Rs.3000/- more than the amount due towards the hire purchase finance provided by the opposite parties. The facility was availed on 30/6/2000. Though the loan provided was Rs.4.5.lakhs as per the chart of the appellant he was liable for an amount of Rs.5,95,500/- in 35 instalments. The last date for payment of instalments is 1/6/2003. He has sought for return of the excess amount paid and compensation of Rs.50,000/- etc.
3. The opposite parties has filed version contending that the instalments were not paid on the due dates and hence as per the agreement an additional charge at the rate of 36% per annum is liable to be paid on the defaulted arrears till payment. It is further contended that the opposite parties have waived an amount of Rs.14,985/- from the additional charges. The allegation of excess collection is denied.
4. The evidence adduced consisted of the testimony of PW1, OPW1, Exts.A1 to A8 and B1 to B4.
5. As directed by this commission the appellant has produced a detailed statement of accounts as per which it can be seen that the opposite parties have charged a sum of Rs.31,417/- towards the penal charges for delayed payment. The total amount due including the initial margin money paid would work out to Rs.7,52,509/- ie the total amount due as per the instalments ie Rs.5,95,500/- + Rs.31,417/- ie the penal charges + Rs.1,25,592/- ie the initial hire money. As per the statement of the appellants the complainant has paid a sum of Rs.7,64,296/-. The complainant has also produced a receipt which would show that the appellants have collected a sum of Rs.3000/- more. Hence altogether the complainant has paid Rs.7,67,296/-. As already noted the total amount due as per the statement of the appellant is Rs.7,52,509/-. Hence the above would show that the appellants/opposite parties have collected an excess amount of Rs.14,787/-. The opposite parties/appellants are liable to repay the above amount to the complainant.
In the result appeal is allowed in part, the order of the Forum is modified as follows:-
The appellants/opposite parties would be liable to pay Rs.14,787/- to the complainant with interest at 9% from the date of the order of the Forum ie 6/12/2007. The order with respect to cost is sustained. The amounts are to be paid to the complainant or deposited in the Forum within 3 months from the date of receipt of this order failing which the complainant would be entitled for interest at 12% per annum from 24/11/2010, the date of this order.
Office will forward the LCR along with the copy of this order to the Forum urgently.
JUSTICE K.R. UDAYABHANU:PRESIDENT
S. CHANDRAMOHAN NAIR: MEMBER
VL.
