Date of filing: 27.5.2014.
Date of disposal: 22.7.2014.
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM - II:
VIJAYAWADA, KRISHNA DISTRICT
Present: Smt N. Tripura Sundari, B. Com., B. L., President (FAC)
Sri S. Sreeram, B.Com., B.A., B.L., Member
Tuesday, the 22nd day of July, 2014
C.C.No.124 of 2014
Between:
Shaik Nasar Khan, S/o Guntur Masthan, Muslim, Aged about 47 years, R/o Venugopalswamy Nagar, Gosala, Penamaluru Mandal, Krishna District.
…..Complainant.
And
M/s T.V.S. Credit Services Limited, Rep: by its Manager, Office at Patamata, Near NTR Circle, Vijayawada.
.. … Opposite party.
This complaint coming on before the Forum for final hearing on 15.7.2014, in the presence Sri P.Y. Kiran Kumar, advocate for complainant; opposite party remained absent and upon perusing the material available on record, this Forum delivers the following:
O R D E R
(Delivered by Hon’ble Member Sri S. Sreeram)
This is a complaint filed by complainant under Sec.12 of Consumer Protection Act with a prayer to direct the opposite party to return the vehicle bearing No.AP 16 AC 1610, to pay Rs.10,000/- towards damages for mental and physical agony, for costs and other reliefs.
1. The brief facts of the case which lead to filing the present complaint are that the opposite party is running a private finance under the name and style of TVS Credit Services Ltd., at Vijayawada having head office at Chennai and that the complainant took a two wheeler loan from the opposite party vide agreement No. AP 3020 TW 09196 on monthly installment basis and paid 22 installments and the tenure closing month is May, 2014. The complainant used to pay the installments to the agent of opposite party who used to issue receipts and while so on 1-4-2014 the agents of opposite party took the vehicle bearing No. AP 16 AC 1610 without any intimation and demanded to pay Rs.18,000/- and warned that they would sell the vehicle. The complainant approached the opposite party number of times and asked his balance sheet and the opposite party authorities refused to receive balance amount and to give particulars and also to release the vehicle. On the other hand the opposite party behaved illegally and forcibly took the complainant to their office and harassed him physically and mentally. The complainant got issued notice on 22-4-2014 to the opposite party and the opposite party received the same on 27-4-2014, but kept quiet. Hence, the complainant is constrained to file the present complaint.
2. After registering the complaint, notices were sent to the opposite party. The opposite party called absent and remained exparte.
3. The complainant filed his affidavit reiterating the material averments of his complaint and got marked Ex.A1 to A3. None examined on behalf of opposite party.
4. Heard the complainant and perused the record.
5. Now the points that arise for consideration in this complaint are:
- Whether the opposite party agents took the vehicle of complainant or not?
- Whether there is any deficiency in service on the part of the opposite party in not releasing the vehicle to complainant even after payment of installments?
- If so is the complainant entitled for the reliefs as prayed for?
6. Point Nos.1 and 2: For better appreciation of facts of the case, the points No.i and ii are discussed under one head. On perusing the material on hand (complaint, affidavit and documents), the case of complainant is that he is the owner of two wheeler bearing No.AP 16 AC 1610 and he took the said vehicle with the financial aid of opposite party under loan agreement No.AP 3020 tw 09196 and that he paid 22 installments regularly to the opposite party and the last installment has to be paid in the month of May, 2014. It is further case of complainant that, while so, on 1-4-2014 the agent of opposite party forcibly took the vehicle demanding him to pay Rs.18,000/- including two installments. Thereafter the complainant approached the opposite party and requested to release the vehicle after getting payment of two installments, but of no use. The complainant got issued legal notice under Ex.A2 and the same is received by opposite party under Ex.A3 acknowledgment. Perusal of record discloses that the opposite party has not issued any reply.
7. In this case, the opposite party did not make its appearance and consequently it remained exparte. The opposite party has not denied the material allegations of the complaint and as such the allegations made in the complaint are unchallenged. Though the opposite party failed to make appearance and put forth its contention and remained exparte, the complainant has to prove its case beyond all reasonable doubt. The complainant cannot win the case on the weakness of opposite party. As seen from the record, the complainant purchased two wheeler under loan agreement No.AP 3020 tw 09196 from opposite party agreeing to pay the installments and that he paid 22 installments. But to prove the same, the complainant has not filed the copy of agreement before this Forum. Further as per complaint, the complainant has paid 22 installments to the opposite party. But he has filed only one receipt under Ex.A1. Perusal of Ex.A1 reveals that admittedly it was issued by opposite party on 16-11-2013 evidencing payment of Rs.1300/- towards installment. But there vehicle number was kept blank and the installment number was also not mentioned. The complainant also not stated in the complaint about the remaining receipts if at all he paid 22 installments. The filing of one receipt out of 22 receipts that too without mentioning any reason for non filing of the same, creates some suspicion in the mind of this Forum about the payment of installments by complainant. Further the complainant also not mentioned the number of vehicle even in the legal notice under Ex.A2.
8. Further as seen from record, on 1-4-2014 the agents of opposite party took the vehicle from the custody of the complainant and that they also took the complainant to their office and harassed him both physically and mentally. But it seems that the complainant has not given any police complaint about the incident. All these things creates some doubt in the mind of us about the alleged payment of installments by complainant and about taking away of motor cycle by opposite party.
8. In view of the above discussion, we are of the considered opinion that the complainant has not proved his case beyond reasonable doubt and as such we are inclined to answer these points No.1 ad 2 against the complainant.
Point No.3
9. As the complainant failed to prove his case, he is not entitled for any reliefs as sought for.
10. In the result, the complaint is dismissed, but without costs.
Typewritten by Steno N. Hazarathaiah, corrected by me and pronounced by us in the open Forum, this the 22nd day of July, 2014.
PRESIDENT (FAC) MEMBER
Appendix of evidence
Witnesses examined
For the complainant: -None- For the opposite party: -None-
Documents marked
On behalf of the complainant:
Ex.A1 16.11.2013 Original copy of receipt.
Ex.A2 22.04.2014 Copy of legal notice got issued by complainant to OP.
Ex.A3 Posta acknowledgement.
On behalf of the opposite party: - Nil-
PRESIDENT (FAC).
