Karnataka

Kolar

CC/54/2015

Sri.K.Ashwath - Complainant(s)

Versus

Sri.Nirmal Kumar - Opp.Party(s)

Sri.L.Nagaraja

23 Jun 2016

ORDER

Date of Filing: 27/11/2015

Date of Order: 23/06/2016

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 23^rd DAY OF JUNE 2016

PRESENT

SRI. N.B. KULKARNI, B.Sc., LLB,(Spl.)    …….    PRESIDENT

SRI. R. CHOWDAPPA, B.A., LLB               ……..    MEMBER

SMT. A.C. LALITHA, BAL., LLB         ……  LADY MEMBER

CONSUMER COMPLAINT NO :: 54 OF 2015

Sri. K. Ashwath,

S/o. Late Krishnappa,

Aged About 54 Years,

R/at: 8^th Cross, Jayanagar,

Kolar City.

 

(Rep. by Sriyuth. L.Nagaraja, Advocate)                    ….  Complainant.

 

- V/s -

Sri. Nirmal Kumar,

S/o. Parasmal Surana,

R/at: No.1390, 2^nd Floor,

Basaveshwara Nagar,

Bangalore-79.

(Since placed Ex-parte)                                     …. Opposite Party.

-: ORDER:-

BY SRI. N.B. KULKARNI, PRESIDENT

01.   The complainant having submitted this complaint as envisaged Under Section 12 of the Consumer Protection Act, 1986  has sought relief of issuance of directions to the OP for issuance of Clearance Certificate in his favour for cancellation of hire purchase agreement in respect of Ashok Leyland Lorry bearing registration No. AP-04-X-1666 in the office of the R.T.O., Kolar and for damages and costs.

02.   The facts in brief:-

(a)    It is contention of the complainant that, he is the RC holder and hence owner of Ashok Leyland Lorry bearing registration No. AP-04-X-1666.  And that the same came to be hypothecated (taken read in the fitness of things as hire purchased) in response to financial accommodation extended by the OP in sum of Rs.7,00,000/- on 10.07.2014.  And that he had agreed to repay the said loan with accrued interest at the rate of 1.32% per month (at the rate of 17.23% per annum) in equal 36 monthly installments of Rs.29,500/-.  And that accordingly he executed necessary documents in favour of the OP.  And that the said transaction took place at Kolar in the office of the OP.

 

(b)    Further he has contended that, he made repayments to the OP as per the descriptions given in the table in para-3 of the complaint.  The said table being reproduced reads thus:-

 

Installment No.	Date	Amount
1	18.08.2014	29,500.00
2	15.09.2014	20,000.00
3	15.11.2014	25,000.00
4	10.12.2014	30,000.00
5	19.01.2015	29,500.00
6	16.02.2015	29,500.00
7	13.04.2015	29,500.00
8	22.06.2015	30,000.00
9	16.09.2015	4,99,700.00

 

(c)    It is that the total liability would come to Rs.10,62,000/- (on the basis of EMI of Rs.29,500/- for 36 months).  And that the principal loan amount is of Rs.7,00,000/-, whereas, the interest would come up to Rs.3,62,000/-.  And that he made lump sum payment in a sum of Rs.4,99,700/- on 16.09.2015.  And that balance would be of Rs.77,150/-.  And that the OP is still claiming to pay a sum of Rs.3,50,000/- which is illegal.  And that under the circumstances the same would amount to deficiency in service.

 

(d)    Further he has contended that, he got issued legal notice dated: 28.10.2015 to the OP through RPAD.  And that the OP intentionally avoided to receive the same.  So contending, he has come up with the present complaint on hand seeking the above set out relief.

 

(e)    On 27.11.2015 along with complaint the complainant has submitted following documents:-

(i) “B” Register extract issued by RTO, Kolar, pertaining to Ashok Leyland Lorry bearing registration No. AP-04-X-1666.

(ii) Copy of Bill issued by the complainant

(iii) Office copy of legal notice dated: 28.10.2015

(iv) Postal Acknowledgement with returned envelope and receipt.

 

03.   In the first instance notice came to be attempted on the OP through RPAD which came to be returned with postal endorsement as “the addressee not known”.  Consequently paper publication of the notice came to be attempted and such a notice was published in Sanjevani Kannada daily dated: 18.04.2016 with a date for appearance before this Forum on 02.05.2016.  As on this day the OP remained absent order came to be passed placing him exparte. 

 

04.   The complainant has submitted his affidavit evidence and also written arguments.  On 21.06.2016 and 22.06.2016 heard the oral arguments as advanced by the learned counsel appearing for the complainant.

05.   Therefore the points that do arise for our consideration in this case are:-

1. Whether the complainant is a Consumer?

2. If so, whether the OP is guilty of deficiency in service?

 

3. If so, whether the complainant is entitled to the relief?

 

4.  What order?       

 

06.   Findings of this District Forum on the above stated points for the following reasons are:-

POINT 1:-        In the Affirmative

POINT 2:-        In the Affirmative

POINT 3:-        In the affirmative

 

POINT 4:-        As per the final order

                        for the following:-

 

REASONS

POINT 1:-

07.   The pleadings and oral and documentary evidence as adduced by the complainant have remained un-opposed which have prevailing effect.  Besides, it is worth to note that as per the case tried to be made out by the complainant there is compliance of hire purchase agreement terms much more in advance.  The complainant alleges that the OP having received the said sums on said dates which would amount to total sum of Rs.7,22,700/- should have come forward to issue clearance certificate before RTO, Kolar, so that his name in “B” register as financier under hire purchase should have come to an end.  He has not chosen to do so.  Thus the status of the complainant as against the OP is as a consumer.

 

 

POINT 2 & 3:-

08.   To avoid repetition in reasonings and as these points do warrant common course of discussion, the same are taken up for consideration at a time. 

 

(a)    For the reasons noted above the complainant is a Consumer who has already paid sum of Rs.7,22,700/- as on 16.09.2015.  The contention of the complainant that, he is in arrears of Rs.77,150/- since has remained un-opposed we are bound to come to the conclusion that in-action on the part of the OP in responding to approach made by the complainant would amount to deficiency in service.

 

(b)    Therefore we direct the OP to receive sum of Rs.77,150/- and in-turn issue clearance certificate in favour of the complainant so that his name as a financier appearing in “B” register as maintained by RTO and licensing authority, Kolar, would come to an end.  We give time of one month to the OP to comply on receipt of the said sum.  Failing which, he shall be accountable to other liabilities which we describe in the final order in detail. 

 

POINT 4:-

09.   We proceed to pass the following:-

 

ORDER

(01)  For foregoing reasons this complaint stands allowed with costs of Rs.2,500/- as against the OP as hereunder:-

 

(a)    On receipt of Rs.77,150/- from the complainant, within a month the OP shall issue clearance certificate in favour of the complainant so that his name appearing as a financer in “B” Register as maintained by the RTO and licensing authority, Kolar, would come to an end.  If for any reasons the Op is not to come forward to comply including receiving of the said sum of Rs.77,150/- from the complainant, within the said stipulated time then in that event the complainant shall deposit the said amount in this Forum and on such compliance the intimation shall be given to the RTO and licensing authority, Kolar, through this office to delete the name of the OP appearing in “B” Register as financier.

 

(b)    Further we direct the OP in case of non-compliance of the order as noted above to pay compensation of Rs.10,000/- to the complainant together with interest at the rate of 9% per annum from 27.11.2015 being the date of the complaint till realization.

 

(02)  Send a copy of this order to both parties free of costs.

 

(Dictated to the Stenographer in the Open Forum, transcribed by him, corrected and then pronounced by us on this 23^rd DAY OF JUNE 2016)

 

 

 

MEMBER                           MEMBER                   PRESIDENT