BEFORE THE DISTRICT FORUM:KURNOOL
Present: Sri. T.Sundara Ramaiah , B.Com B.L., President
And
Sri. M.Krishna Reddy , M.Sc., M.Phil., Male Member
Thursday the 17th day of June, 2010
C.C.No 135/09
Between:
L.Sudhakar reddy, S/o L.Laxmi Reddy,
R/o. H.No.3/32, Julakal Village, Gudur Mandal, Kurnool District-518466. …..Complainant
-Vs-
Sriram Finance Corporation, Represented by its Branch Manager,
D.No.41/30, S.V.Complex, R.S.Road, Kurnool-518003. …Opposite Party
This complaint is coming on this day for orders in the presence of Sri.G.Sreenivasulu , Advocate, for complainant , and Sri.P.Siva Sudharshan, Advocate for opposite party and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri. T.Sundara Ramaiah, President)
C.C. No.135/09
1. This complaint is filed under section 12 of the C. P. Act, 1986 praying to direct the Ops
a) to repossess the tractor and trailer bearing No. AP 21 D 2502 and AP 21 V 5413, failing which to pay the costs of the vehicle.
b) to settle the account of the complainant to enable him to pay the balance amount.
c) to award a sum of Rs.2,00,000/- towards loss of business from 20-09-2008.
d) to award a sum of Rs.50,000/- for causing mental agony to the complainant .
e) to award costs of the complainant.
f) and to grant such other relief as this Hon’ble Forum may deems fit and proper in the circumstances of the case.
2. The case of the complainant in brief is as follows:- The tractor trailer No. AP 21 D 2502 and AP 21 V 5413 originally belonged to one G.Lokeswara Reddy S/o. G. Govinda Reddy. The OP financed for the said tractor trailer. Lokeswara Reddy committed default in payment of installments. The OP seized the said vehicle. The complainant purchased the said vehicle from the OP for a sum of Rs.80,000/- on 29-12-2004 . The Manager of the OP executed an agreement in favour of the complainant . On 20-09-2008 the agent of the OP without giving any intimation beaten the driver of the complainant and took away the tractor trailer. The driver of the complainant gave a police report and registered a case . The OP without any reasonable cause took away the
tractor trailer without any authority and caused deficiency of service . Hence the complaint.
3. The OP filed written version stating that the complaint is not maintainable . It is admitted that originally the vehicle bearing No.
No. AP 21 D 2502 and AP 21 V 5413 belonged to one G. Lokeswara Reddy and that the OP financed for the said tractor trailer. The OP seized the said vehicle in 2004 as the original owner defaulted in payment of installments. On 25-10-2002 Lokeswara Reddy entered hire purchase cum guarantee agreement with the OP. The said Lokeswara Reddy defaulted in payment of installments . In the year 2004 the OP took possession of the vehicle from Lokeswara Reddy . Then Lokeswara Reddy issued one cheque of L. Sudhakara Reddy for Rs.80,000/- and got the vehicle released. The said cheque was dishonored due to insufficient of funds. The complainant is no way connected with the OP. When the OP forced for payment of installments Lokeswara Reddy who was the original owner of the tractor trailer made some payments . Again Lokeswara Reddy committed default in payment of installments. Hence the OP on 20-09-2008 repossessed the vehicle as per the terms and conditions of hire purchase agreement . As per the accounts the said Lokeswara Reddy due a sum of Rs.1,07,589/- as on 25-01-2005 . The complainant is relative of G. Lokeswara Reddy . There is no relationship between the complainant and OP. There was no agreement in between the complainant and OP. The complainant has no locus standi to file the complaint. The complaint is liable to be dismissed.
4. On behalf of the complainant Ex. A1 and A2 are marked . On behalf of the opposite parties Ex.B1 to B9 are marked .
5. On the basis of the above pleadings the points that arise for consideration are
(i) whether the complainant is a consumer and whether there is deficiency of service on the part of the opposite party ?
(ii) Whether the complainant is entitled to the relief as prayed for ?
(iii) To what relief?
6. Both parties filed written arguments.
7. Point No. 1 & 2 : Admittedly the tractor trailer bearing No. No. AP 21 D 2502 and AP 21 V 5413 originally belonged to G. Lokeswara Reddy , S/o. Govinda Reddy . The OP gave finance to said Lokeswara Reddy for the purchase of the said vehicle. It is also admitted that said Lokswara Reddy committed default in payment of the installments to the OP and that the OP seized the said vehicle from Lokeswara Reddy in the year 2004.
8. It is the contention of the complainant that he purchased the vehicle bearing No. No. AP 21 D 2502 and AP 21 V 5413 from the OP for Rs.80,000/- on 29-12-2004 and that the OP executed an agreement in his favour. On the other hand it is the contention of the OP that the complainant is nothing to do with the vehicle and that the complainant unnecessarily filed the present complaint at the instance of Lokeswara Reddy who was the original owner of the vehicle. The complainant filed Ex.A1 agreement said to have been executed by OP. In the said agreement Ex.A1 it is mentioned that the complainant issued a cheque for Rs.80,000/- infavour of the OP on behalf of the Lokeswara Reddy . There is no mention in Ex.A1 that on 29-12-2004 the complainant purchased the said vehicle from the OP. The OP filed Ex.B2 registration certificate to show that Lokeswara Reddy is the owner of the tractor trailer bearing No. AP 21 D 2502 and AP 21 V 5413 . Ex.B2 does not disclose that the complainant is the owner of the tractor trailer .Admittedly the complainant did not take any finance from the OP by giving tractor trailer bearing No. AP 21 D 2502 and AP 21 V 5413 as a security .
9. It is the specific case of the OP that Lokeswara Reddy took a loan and executed hire purchase agreement in respect of the tractor trailer . Ex.B8 is the hire purchase proposal form and Ex.B1 is the hire purchase cum guarantee agreement executed by Lokeswara Reddy and OP. The documents Ex.B1 , B2, B8 and B9 go to show that Lokeswara Reddy was the owner of the vehicle , that he took a loan from the OP and that he committed default in payment of the installments to the OP. The complainant inspite of number of agreements has not choosen to file sworn affidavit to prove the contents of Ex.A1 and A2 . Ex.A2 is the copy of FIR in Cr.No.73/09 . As seen from Ex.A2 it is very clear that the driver of the complainant gave a complaint on 21-09-2008 stating that the agent of OP took away the vehicle. The case was investigated by the Sub-Divisional Police Officer and referred it as false. The complainant did not place any satisfactory evidence to show that he purchased the tractor trailer bearing No. AP 21 D 2502 and AP 21 V 5413 from OP on 29-12-2004 . There is no relationship what so ever in between the complainant and the OP .The complainant is not a consumer and there is no deficiency of service on the part of the OP. The complainant is not entitled to any relief as claimed.
10. Point No.3:. In the result, the complaint is dismissed . In the circumstances of the case without costs.
Dictated to the stenographer, transcribed by her , corrected and pronounced by us in the open bench on this the 17th day of June, 2010.
Sd/- Sd/-
MALE MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant : Nil For the opposite parties :Nil
List of exhibits marked for the complainant:-
Ex.A1 Agreement dt.24-09-2004 between complainant and Opposite party.
Ex.A2. Xerox copy of FIR in Cr.No.73/08 of C.Belgal P.S.
List of exhibits marked for the opposite parties:
Ex.B1. Photo copy of Hire purchase cum guarantee Agreement. Dt.25-10-2002
Ex.B2. Photo copy of Registration certificate of Tractor and trailer bearing No.AP21 D2502 and AP21 V5413.
Ex.B3. Photo copy of FIR Cr.No 74/08. along with report of SI of Police, Gudur P.S.
Ex.B4 Photo copy of Proceedings of the Superintendent of police along with Report of sub-divisional police office, kurnool in Cr.No 73/08.
Ex.B5 Photo Copy of telegram dt.01-10-08.
Ex.B6 Office copy of Letter of O.P dt.22-09-08.
Ex.B7 Photo copy of Registration Certificate of the Vehicle No.AP02K2174.
Ex.B8. Hire purchase proposal form of M.V. form , dated
18-10-2002.
Ex.B9. Letter of G. Lokeswara Reddy to the OP , dated
29-09-2005.
Sd/- Sd/-
MALE MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties
Copy was made ready on :
Copy was dispatched on:
