Kerala

Ernakulam

CC/11/356

SUDHAKARAN - Complainant(s)

Versus

SRIRAM CITY UNION FINANCE LTD. - Opp.Party(s)

ABDUL RASHEED T.A.

27 Aug 2012

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM
ERNAKULAM
 
Complaint Case No. CC/11/356
 
1. SUDHAKARAN
S/O APPU, CHOUKKAPARAMBIL HOUSE, KAVUMPURAM AIMURI P.O., PERUMBAVOOR, ERNAKULAM DIST
ERNAKULAM
KERALA
...........Complainant(s)
Versus
1. SRIRAM CITY UNION FINANCE LTD.
NO.39/3500, IST FLOOR, RAVIPURAM, KOCHI-16.
ERNAKULAM
KERALA
............Opp.Party(s)
 
BEFORE: 
 HONORABLE MR. A.RAJESH PRESIDENT
 HONORABLE MRS. C.K.LEKHAMMA Member
 HONORABLE MR. PROF:PAUL GOMEZ Member
 
PRESENT:
 
ORDER

 

BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 05/07/2011

Date of Order : 27/08/2012

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

Smt. C.K. Lekhamma, Member.

 

    C.C. No. 356/2011

    Between


 

Sudhakaran. C.A.,

::

Complainant

S/o. Appu,

Choukkaparambil House, Kavumpuram Aimuri. P.O., Perumbavoor,

Ernakulam Dt.


 

(By Adv. Abdul Rasheed,

Chakkalayil, Opp. Lulu

Cinema, Chittoor Road,

Ernakulam,

Cochin - 18)

And


 

Sriram City Union Finance Ltd.,

::

Opposite Party

No. 39/3500, 1st Floor,

Ravipuram,

Kochi – 16.


 

(By Adv. Roy Varghese,

Olimolath House,

Pancode. P.O.,

Ernakulam Dist. - 682 310.

 

O R D E R

A. Rajesh, President.

1. To put it shortly, the case of the complainant is as follows :

The complainant availed a loan of Rs. 39,000/- from the opposite party to purchase a Motor Bike in March 2007. The loan amount was repayable in 36 equal instalments of Rs. 1,538/- each. The payment was to start from April 2007 and end in March 2010. The complainant had handed over 36 cheques in favour of the opposite party towards payment of the loan installments. The complainant repaid the installments except for the instalments in October, November and December in 2010. In reply to the letter issued by the complainant, the opposite party issued a reply dated 16-06-2011 demanding Rs. 23,000/- as outstanding balance. The complainant is not liable to pay the amount as demanded by the opposite party. So the complainant is before us seeking direction against the opposite party to issue the no objection certificate in respect of the vehicle of the complainant together with costs of the proceedings.


 

2. The version of the opposite party is as follows :-

In furtherance of the loan agreement between the complainant and the opposite party, the complainant issued 36 post dated cheques for an amount of Rs. 1,538/- each. Out of the 36 cheques, 10 cheques were bounced. The complainant is liable to pay Rs. 500/- for each bounced cheques. The complainant yet to pay 5 instalments, the cheque bouncing charges of Rs. 5,000/-. Since the EMIs were not paid in time, the complainant is also liable to remit over due charges, altogether the complainant is liable to pay Rs. 20,706/-. The opposite party is ready to issue the NOC with Form 35 on payment of the above amount. The complaint lacks bonafides and is liable to be dismissed.


 

3. The complainant was examined as PW1 and Exts. A1 to A8 were marked. No oral evidence was adduced by the opposite party. Exts. B1 to B3 were marked on the side of the opposite party. Heard the counsel for the parties.


 

4. The points that arose for consideration are as follows :-

  1. Whether the complainant is entitled to get the NOC and Form 35 of his vehicle?

  2. Whether the opposite party is liable to pay costs of the proceedings to the complainant?


 

5. Point Nos. i. and ii. :- It is not in dispute that the complainant availed himself of a loan of Rs. 39,000/- from the opposite party to purchase a motor bike after executing Ext. B1 agreement. As per Ext. B1, the complainant is liable to repay the loan amount in 36 equal instalments of Rs. 1,538/-. The period of loan amount was from 07-04-2007 to 07-03-2010. Ext. B3 account statement would show that out of the 36 cheques, the following 10 cheques were dishonoured on presentation :-


 

Sl. No.

Date

Amount in Rs.

  1.  

07-04-2007

1538

  1.  

07-05-2007

1538

  1.  

07-05-2008

1538

  1.  

07-06-2008

1538

  1.  

07-10-2008

1538

  1.  

07-12-2008

1538

  1.  

07-04-2009

1538

  1.  

07-10-2009

1538

  1.  

07-11-2009

1538

  1.  

07-12-2009

1538

     

    Total 15,380/-


 

6. The complainant remitted Rs. 3,076/- on 06-05-2010 with the opposite party evidenced by Ext. A3 receipt. The complainant also remitted Rs. 4,614/- with the opposite party on 12-06-2009 evident from Ext. A5. The payments as per Exts. A3 and A5 are reflected to in Ext. B3. So the complainant is liable to pay a sum of Rs. 7,690/- (Rs. 15,380 – Rs. 3,076 + Rs. 4,614 = Rs. 7,690), though the complainant claims that he is liable to pay only 3 instalments.


 

7. Upholding the equanimity of law, we are of the opinion that the complainant is liable to pay Rs. 7,690/- with interest @ 18% p.a. from the date of the last 5 instalments provided he is excluded from payment of penal charges as per Ext. B1. However, it is before us that the complainant had caused Ext. A6 letter dated 22-01-2010 to the opposite party highlighting his grievances and readiness to pay the outstanding amount to which the opposite party failed to respond or no reasons stated before us which amounts to deficiency in service on the part of the opposite party and they are answerable for the same. The animosity is squarely abated in this case and need not further be.


 

8. To set the things right, we pass the following order :-

  1. The complainant shall pay Rs. 7,690/- to the opposite party with 18% interest from the date of the last 5 instalments felling due as per Ext. B3.

  2. The opposite party shall issue the NOC and Form 35 of the complainant's vehicle bearing Registration No. KL-40/7929 within 30 days from the receipt of the above amount.

Pronounced in the open Forum on this the 27th day of August 2012

 

Forwarded/By Order, Sd/- A. Rajesh, President.

Sd/- Paul Gomez, Member.

Sd/- C.K. Lekhamma, Member.


 

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Exhibit A1

::

Copy of the notice dt. 16-06-2011

A2

::

Copy of the statement of account

A3

::

Temporary receipt dt. 06-05-2010

A4

::

Copy of the passbook of the complainant.

A5

::

Copy of the cheque dt. 12-06-2009

A6

::

Copy of the detailed statement dt. 22-11-2010

A7

::

An acknowledgment card

A8

::

An acknowledgment card

 

Opposite party's Exhibits :-

Exhibit B1 series

::

Loan application, Hypothecation agreement, schedule and tax invoice.

B2 series

::

A cheque dt. 07-120-2009, Cheque return memo, cheque dt. 07-11-2009 and cheque return memo

B3

::

Statement of account as on 14-02-2012

 

Depositions :-


 


 

PW1

::

C.A. Sudhakaran – complainant


 

=========


 

 
 
[HONORABLE MR. A.RAJESH]
PRESIDENT
 
[HONORABLE MRS. C.K.LEKHAMMA]
Member
 
[HONORABLE MR. PROF:PAUL GOMEZ]
Member

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