Andhra Pradesh

Visakhapatnam-II

CC/13/250

Devabattula Simhachalam - Complainant(s)

Versus

SRI S.V. RAMI REDDY - Opp.Party(s)

D.N. MURTHY

25 Mar 2015

ORDER

                                              Date of Registration of the Complaint:29-10-2013 

                                                                                                Date of Order:25-03-2015

BEFORE THE DISTRICT CONSUMERS FORUM-II AT

                             VISAKHAPATNAM

 

P  r  e  s  e  n  t:

1.  Sri H. Ananda Rao, M.A., L.L.B.,

     President           

2. Smt K. Saroja, M.A. B.L.,

     Lady Member 

                                3. Sri C.V. Rao, M.A., B.L.,

                                     Male Member

 

                       Wednesday, the 25^th day of March, 2015.

                             CONSUMER CASE No.250/2013

Between:-

Devabattula Simhachalam, S/o Jammayya,

Hindu, aged 49 years, residing at D.No.19-27-1/6,

Rangireeju Street, Visakhapatnam-1.

                                                                                        ….. Complainant

And:-

M/s. S.V.R. Finance, reptd. by its Proprietor,

Sri S.V. Rami Reddy, S/o not known to the

Complainant, having its office situated at

D. No. 31-1-48/1, Allipuram, South Jail Road,

Yellamamba Pan Shop, Visakhapatnam.

                                                                                             …  Opposite Party

                     

This case coming on 12.03.2015 for final hearing before us in the presence of Sri D.N. Murthy, Advocate for the Complainant and the Opposite Party being exparte and having stood over till this date for consideration, this Forum made the following:

 

                                                ORDER

        (As per Smt. K. Saroja Honourable Lady Member on behalf of the Bench)

 

1.       The case of the Complainant in brief is that the Complainant purchased the Auto Rickshaw bearing Registration No. AP 32 (sic) 31TU 5134 for his livelihood in a second sale.   After purchase of the vehicle, for doing the necessary repairs to being the necessary repairs to bring the said vehicle into working condition, the Complainant availed the finance of Rs.30,000/- from the Opposite Party on 26.04.2012 under Hire Purchase Agreement (Hypothication).   The said amount has to be repaired in installments up to 20.07.2013 @ Rs.3,100/- per month.   The Complainant paid the entire installments by 20.07.2013 the Opposite Party issued a receipt for the said payments.     After payment of the entire installments, the Complainant approached the Opposite Party for issuance of NO OBJECTION CERTIFICATE.  But the Opposite Party failed to give No Objection Certificate that the Complainant has to pay overdue charges.   Then the Complainant issued a legal notice to the Opposite Party on 10.09.2013 demanding the Opposite Party to issue the No Objection Certificate.    On 11.09.2013, the Opposite Party issued the notice by contending that the obtained loan of Rs.30,000/-  for vehicle No. AP 31 TU 5134 under Hire Purchase Agreement No.763/2 and failed to pay the installments.   The Complainant issued a reply notice on 13.09.2013 and informed that all the installments were paid by 20.07.2013.    The Opposite Party issued a legal notice dated 16.10.2013 by contending, that the Complainant availed the loan on 24.04.2012 for purchase of auto and obtained the finance of Rs.58,000/- and the Complainant has to pay the said finance amount together with interest, which is amounting to Rs.34,000/- in totaling to Rs.Rs.92,800/- and the said amount has to be repaid @ Rs.3,100/- per month for 30 installments.    Inspite of many requests made by the Complainant, the Opposite Party did not issue NO OBJECTION CERTIFICATE to the Complainant.    Hence, this Complaint.

2.       a) Direct the Opposite Party to issue NO OBJECTION CERTIFICATE for the vehicle bearing No. AP 31 TU 5134 by closing the Hire Purchase Agreement bearing No. 763/2;

          b) Direct the Opposite Party to pay an amount of Rs.10,000/- (Rupees Ten thousand only) towards compensation and damages;

          c) For costs of the proceedings;   

          d) For such other relief or reliefs as the Forum may deems fit in the circumstances of the case.

 

3.       The Opposite Party did not appear before this Forum.   Hence, it was set exparte and remained exparte.

         

4.       At the time of enquiry, the Complainant filed affidavit as well as written arguments to support his contention.   Exs.A1 to A5 are suo-motto marked for the Complainant.   

 

 

5.       Ex.A1 is the bunch of receipts issued by the Opposite Party on different dates in favour of the Complainant.   Ex.A2 is the legal notice issued by the Complainant dated 10.09.2013 in favour of the Opposite Party.   Ex.A3 is the demand notice issued by the Opposite Party in favour of the Complainant dated 11.09.2013.   Ex.A4 is the legal notice issued by the Complainant in favour of the Opposite Party dated 13.09.2013.   Ex.A5 is the Registered Notice issued by the Opposite Party in favour of the Complainant dated 16.10.2013.

 

6.       The fact shown from Ex.A3 reveals that the Complainant availed loan of Rs.30,000/- from the Opposite Party.   The demand notice issued by the Opposite Party on 11.09.2013 stating that the Complainant availed loan from them and he has to pay loan amount on 13.09.2013 else the said vehicle was auctioned in the open auction.   As per Ex.A1 reveals that the Complainant paid the entire 12 installments on 20.07.2013 which reveals that the Complainant paid the entire installments towards loan amount by 20.07.2013 as per their agreement.            Ex.A1 is the 1) Receipt  No.41 an amount of Rs.5,500/- dated 23.07.2012 issued by the Opposite Party in favour of the Complainant, 2) Receipt No.18 dated 17.08.2012 an amount of Rs.3,800/-, 3)  Receipt No.6 dated 17.10.2012 an amount of Rs.3,100/-, 4) Receipt No.46 dated 7.12.2012 an amount of Rs.3,100/-, 5) Receipt No.42 dated 7.1.2013 an amount of Rs.3,100/-, 6) Receipt No.93 dated 9.2.2013 an amount of Rs.5,000/-, 7) Receipt No.97 dated 16.03.2013 an amount of Rs.6,200/-, 8) Receipt No.98 dated 29.05.2013 an amount of Rs.2,800/- and 9) Receipt No.88 dated 20.07.2013 an amount of Rs.3,100/- issued by the Opposite Party  in favour of the Complainant.

 

7.       The point that would arise for determination in the case is:-

Whether there is any deficiency in service on the part of the Opposite Party.   Whether the Complainant is entitled to any reliefs asked for?

 

 

8.         After careful perusal of the case record, this Forum finds that the Complainant paid total finance amount on 20.07.2013 as per Ex.A1.    Though the Complainant paid the entire amount as per their agreement, the Opposite Party issued a demand notice dated 11.09.2013 stating that the Complainant is due to them.   Moreover, the Opposite Party issued a reply notice dated 16.10.2013 stating that the Complainant has availed loan of Rs.58,000/- on 24.04.2012 so, he is a defaulter.   The Complainant is due for an amount of Rs.34,800/- to them.   Exs.A3 and Ex.A5 are contradicting to each other.   Ex.A3 reveals that the Complainant availed loan of Rs.30,000/- under Heir Purchase Agreement No. 763/2.   Ex.A5 reveals that the Complainant availed loan of Rs.58,000/-  and he has to discharge the said amount in 30 equal monthly installments @ Rs.3,100/- per month, these two documents are contradicting to each other.    But the Opposite Party failed to produce any piece of material before this Forum i.e., agreement.  We are of the opinion, that the Complainant paid the entire installments by 20.07.2013 without any interruption.   After receiving the entire amount from the Complainant, the Opposite Party has to issue NO OBJECTION CERTIFICATE, but the Opposite Party fails to do so.   It amounts to deficiency in service coupled with unfair trade practice on the part of the Opposite Party.    Hence, the Complainant is entitled to No Objection Certificate, compensation and costs too.

 

9.       In the result, this Complaint is allowed directing the Opposite Party to issue No Objection Certificate for the said vehicle bearing No. AP 31 TU 5134 by closing Heir Purchase Agreement bearing No.763/2, to pay a compensation of Rs.10,000/- (Rupees Ten thousand only) and costs of Rs.5,000/- (Rupees five thousand only) to the Complainant.   Time for compliance, one month.

 

Dictated to the Steno, transcribed by him, corrected and pronounced by us in the Open Forum, this 25^th day of March, 2015.

      Sd/-                                    Sd/-                                     Sd/-

President                            Male Member                      Lady Member

                                     

APPENDIX OF EVIDENCE

For the Complainant:-

NO.	DATE	DESCRIPTIONOFTHEDOCUMENTS	REMARKS
Ex.A01		Bunch of Receipts issued by the OP on different dates	Original
Ex.A02	10.09.2013	Legal Notice issued by the Complainant to OP	Office copy
Ex.A03	11.09.2013	Demand Notice issued by the OP in favour of the Complainant	Office copy
Ex.A04	13.09.2013	Legal Notice issued by the Complainant in favour of the OP	Office copy
Ex.A05	16.10.2013	Registered Lawyer’s Notice issued by the OP in favour of the Complainant	Office copy

For the Opposite Party:-               

                  

-Nil-

 

      Sd/-                              Sd/-                                                       Sd/-

President                       Male Member                                             Lady Member