Date of filing : 22-02-2010
Date of order : 24 -08-2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC. 43/2010
Dated this, the 24th day of August 2011
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT.K.G.BEENA : MEMBER
K. Latha, } Complainant
W/o. N.V.Sreedharan Nedumba,
Po.Valiya poyil, Kasaragod.Dist.
(Adv. P.Padmanabhan, Hosdurg)
1. Shriram Transport Finance Co.Ltd, 2nd } Opposite parties
Floor, Hassan Arcade, Opp.R.T. office,
Kannur.
2. N.V. Divyesh, C/o. Shriram Transport Co.Ltd,
2nd floor, Hassan Arcade, Opp.RT Office,
Kannur.2
(Adv.K.A.Lalan, Kasaragod).
O R D E R
SMT.K.G.BEENA, MEMBER
The gist of the complaint is that the complainant with the Financial aid of opposite party No.2 purchased a Bajaj Goods Auto to the tune of `1,06,000/- during May 2007. The said amount was repayable in 36 monthly instalments. Complainant was very prompt in repayment. Yet on 25-06-2009 2nd opposite party together with 2 others deputed by opposite party No.1 taken away the said vehicle. Hence the complaint for necessary relief.
2. According to opposite parties, the complainant was not regular in repayment and he surrendered the vehicle on 14-07-2009 but the spare tyre and battery of the vehicle were removed. According to opposite parties the complainant is trying to coerce the opposite parties for a monetary bargain and to escape from actual liabilities.
3. Complainant filed proof affidavit in support of his case. Exts A1 series and A2 marked. Opposite parties 1 & 2 filed affidavit. Exts B1 to B8 marked. Complainant faced cross-examination. Opposite parties also faced cross-examination. Exts B1 to B10 marked. Both sides heard, documents perused.
4. After considering the facts of the case the following issues were raised for consideration.
1) Whether there is any deficiency in service on the part of opposite parties?
2) If so, what is the relief?
5. For convenience both points can be discussed together. That the complainant was running a pig farm at Nedumba in Cheemani, Kasaragod District. For the purpose of bringing edible materials for pigs, the complainant had purchased a Bajaj Goods Auto with financial assistance from Ist opposite party at the tune of `1,06,000/-during May 2007. The said amount was repayable in 36 monthly instalments from 5-5-2007 to 5-4-2010. The complainant has to repay `1,46,481/-. The 2nd opposite party used to collect the dues from the house of the complainant and he was warned from visiting the complainant when she was alone since his behaviour towards the complainant was substandard. On 25-06-2009 the 2nd opposite party together with 2 others deputed by opposite party No.1 taken away the complainant’s vehicle, the complainant had send a registered lawyer notice for which no reply was send by opposite parties. Complainant had produced the receipts to show that she was prompt in repaying the loan. The receipts are marked as Ext.A1 series (26 in number). The loan cum hypothecation agreement entered into between the complainant and opposite parties at the time of providing financial assistance to the complainant is Ext.B2. Out of `1,46,481/- the complainant had paid `1,05,000/- against the loan amount. Yet his Bajaj Auto KL-60-5541 was repossessed by opposite parties and sold the vehicle for 20,000/-. As per Ext. B8 the vehicle is 2007 model vehicle and the date of registration is 30-04-2007. As per Ext.B7 and Ext.B4 sale proceedings initiated on 20-07-2009. The vehicle sold for `20,000/- after 2 years shows the deficiency of service on the part of opposite parties. The method by which the opposite parties repossessed the vehicle was also not fair and ofcourse it is deficiency of service on the part of opposite parties. While perusing the repayment schedule, complainant had repaid the EMI even after sale proceeding started. Opposite party No.2 sent demand notice(Ext.B4) to the complainant prior to the sale of the vehicle on 20th July 2009 but there are payments in July, August and September. As a person who is running a pig farm with 50 pigs cannot run the farm if he do not have vehicle facility of his own. And it is unbelievable that the complainant surrendered the vehicle to opposite party No.2. When he was continuing in her business. Complainant purchased the vehicle as he is badly in need of a goods carrier. Eventhough he could not repay the entire loan amount he paid `1,05,000/- and after that the vehicle was repossessed by opposite parties. There was no sufficient ground for repossession. What the opposite parties done is mere exploitation of the consumer Forums constituted under the Consumer Protection Act are intended to safe guard the interest of consumers to save the consumers from the exploitation of service providers and traders. Complainant was not a chronic defaulter.
6. The complainant and opposite parties entered into an HP agreement. As per the terms of the agreement the complainant has to repay the loan amount in 36 monthly instalments, here the complainant had paid 27 instalments. The last instalment is `3681/-. Here the complainant has to pay 8 instalments. IDV of the vehicle is `1,12,950/-. The actual loss suffered by the complainant has to be compensated adequately since she now lost the vehicle as well as the EMIs she remitted. According to opposite parties there is a balance of ` 41,481/- towards the payment of monthly EMIs. The complainant is liable to pay the said amount. Hence the said amount can be deducted from the IDV of the vehicle for calculating the loss.
7. Therefore the complaint is partly allowed and the opposite party No.1 is directed to pay `73,000/- to the complainant with a cost of `3,000/-. Time for compliance is limited to 30 days from the date of receipt of this order. Failing which the opposite party No.1 shall be liable to pay interest @ 12% for the said amount `73,000/- from the date of complaint till payment.
MEMBER MEMBER PRESIDENT
Exts.
A1. Series (26 Nos) Receipts issued by KVR Vehicles.
A2. Photocopy of Certificate cum policy schedule.
B1. 3-8-2009 copy of lawyer notice.
B2. Loan Cum Hypothecation Agreement
B3.Statements of account as on 10-02-2010.
B4. copy of registered letter
B5&B6 postal receipts.
B7. Sudhinam dail on 6th August2009.
B8. Photocopy of RC showing S.R.T.O entries regarding fitness and payment of tax.
B9. Photocopy of Power of attorney
PW1. Latha.K.
DW1. Divyesh.N.V.
MEMBER MEMBER PRESIDENT
Pj/
