This is a complaint U/s 12 of the Consumer Protection Act, 1986 with the prayer for an order directing the O.P. Financer to supply no objection certificate and vehicle key, for an order of compensation of Rs.50,000/- from O.Ps. for mental pain agony and Rs.10,000/- litigation cost.
The complaint case in short is that the complainant purchased a vehicle TATA Vista for personal use. O.P. No.1 a financer at the time of purchase of the vehicle No.WB-60D/8383 and convinced complainant to take loan through the agent O.P. No.3 & 4. O.P. No.1 then financed Rs.3,00,000/- to the complainant. It is settled in 35 installments the said loan is to be meet up. The 1st 12 installments of Rs.14,589/- then next 12 installments of Rs.8,753/- and remaining 11 installments Rs.6,363/-. The petitioner signed 34 post dated cheques to O.P. No.1 through agent O.P. No.3 and 4. The petitioner issued a cheque of Rs.1,99,132/- as showing down payment, one installment and other expenses etc. and O.P. No.1 took one key of the vehicle in his custody. Thereafter, the O.P. make payment clearing 8 cheques to Axis Bank and after 15.04.2010 following some misunderstanding between O.P. and Axis Bank, petitioner closed the account of Axis Bank and then and there communicated the closing to O.P. No.1, 3 & 4 and requested them not to drop the subsequent cheques in their custody. He requested them to take the amount in cash.
O.P. No.3 and 4 thereafter collected 8 installments against money receipt and as O.P. No.3 and 4 were not regular in collecting the payment from petitioner, petitioner has to pay two installments at a time with hardship. After paying 7 installments in cash as settled with O.Ps. complainant intended to pay rest installments through fresh cheques and issued 18 post dated cheques of SBI. He also paid a fine of Rs.500/- as charges to change his bank account. Thus O.P. issued the said 18 post dated cheques of SBI in favour of O.P. No.1 for the installments No. 18 to 35 within time. After completion of payment of all installments O.P. No.3 and 4 asked petitioner to pay a small amount of Rs.371/- for closing of his loan amount after calculation and petitioner paid Rs.371/- in cash against receipt.
Petitioner thereafter asked O.P. No.1 to issue NOC and key of the vehicle in custody of O.P. No.1 but O.P. No.1 again demanded Rs.30,000/-. Petitioner requested time and again O.P. No.1, 3 and 4 to get NOC and the key of the vehicle, but with no result.
O.P. only sent an account details through mail on 28.03.2014 claiming Rs.35,373/- which is unreasonable and illegal as alleged the complainant. O.P. No.1 also threatened through his agent to seize the vehicle from the custody of the petitioner illegally. So, he has no other option but to file this case before this Forum with the above mentioned prayer.
The O.P. No.1 and 2 filed written version after making appearance to contest the case. O.Ps. stated denying the allegation of the complainant that there is no cause of action to file this case that an arbitration case, Case No.-Lot28/Jun1727 of 2012 against the present complainant. There is no deficiency in service on the part of the O.Ps. and there is no documentary evidence in support of the allegations made in this complaint. There was no unfair trade practices, the complaint is baseless, vexatious, frivolous. The present O.P. have no knowledge about closing of account of the complainant in Axis Bank. That O.P. never requested to drop the cheques. O.P. admitted the agreement of Hypothecation dated 18.08.2009 for total consideration of Rs.4,79,018/- out of which complainant paid Rs.1,79,018/- as down payment and O.P. herein financed Rs.3,00,000/- with finance charge of Rs.50,130/-. Therefore total contract amount is Rs.3,50,130/-. Repayment is to be made on 15th of every month from 18.08.2009 to 15.06.2012 by 35 installments. O.P. also admitted the payment of installments to be made as stated in the complaint petition. The O.P. No.1 and 2 claimed to get a sum of Rs.14,271/- as Over Due Installments, Rs.21,543/- as accrued ODC and Rs.829/- as legal expenses. The carbon copy of loan agreement dated 18.08.2009 and copy of arbitration award also filed by the O.P. with objection.
To establish the complaint case, the complainant and the O.Ps. have relied upon some documents as well as affidavit-in-chief of complainant, questionnaires of O.P. and answer to the questionnaires by petitioner.
DECISIONS WITH REASONS
Giving due consideration to the contents of the complaint petition, documentary evidence on record, hearing, arguments advanced by the lawyers of both sides, the Ld. Forum has come to the findings as follows: -
It is admitted fact that the complainant took loan for purchase of vehicle No.WB-60D/8383 with the help of O.P./ Financier. O.Ps. submitted documents deed of hypothecation. Petitioner also submitted documents of initial down payment of Rs.1,99,132/- dated 30.07.2009. Both parties are in equivocal that the loan of Rs.3,00,000/- to be repaid by 35 installments starting from 18.08.2009 up to 15.06.2012. 1st 12 installments of Rs.14,589/- each, 2nd 12 installments of Rs.8,753/- each and remaining 11 installments of Rs.6,363/- each. It is also admitted that 34 post dated cheques of Axis Bank to the O.P. No.1 through O.P. No.4 were handed over by the complainant. Dispute arose during payment of installments from No.10 to No.17, following some misunderstanding with Axis Bank and complainant. The complainant thereafter made payment in cash against receipt from TATA Motors for the period from 15.05.2010 to 15.12.2010. During the period as it appears from the documents submitted, on 28.07.2010, Rs.28,400/- for installments No. 11 and 12, was paid. Again for payment of installments No. 14 and 15 payment of Rs.17,506 was made on 26.10.2010. But the installments No.13 of Rs.8,753/- was paid on 30.08.2010. From the receipts shown by the complainant of making payment in cash for such installments No.10 to 17 to the TATA Motors duly collected against receipts are filed and submitted for perusal of this Forum. Thereafter, complainant started to make payment of installments No.18 to 35 through cheques of SBI. Again for change of his bank account from Axis Bank to SBI complainant has to pay Rs.500/- on 29.11.2010 as charges. Receipt showing such payment is also filed in this case by both the parties.
The loan was to be repaid by 35 installments starting from 18.08.2009 to 15.06.2012. From the documents filed by the parties it is clear that complainant paid the total contract amount in full of Rs.3,50,130/- by the date fixed and last payment of 35th installment was paid by cheque on 16.06.2012. From the evidence of P.W.1 and the documents filed by the complainant as well as by the O.Ps., it is further clear that after calculation of all those installments it was found that complainant has to pay Rs.371/- to complete his total dues receipt showing such payment from TATA Motors Finance Limited Rs.371/- on 09.09.2013 is also filed by the complainant. Complainant therefore prays that he is not defaulted in payment of installments and O.P. No.1 and 2 are not entitled to get any further sum of Rs.14,271/- as Over Due Installments, Rs.21,543/- as Accrued ODC. And there is no question of payment legal expenses to the O.P.
We have gone through the evidence of complainant as P.W.1, the particulars of statement of banks of making payment of installments as stated above, the payment through Axis Bank of installments No. 1 to 9, the receipts of TATA Motors Finance Limited showing payment from 19.06.2010 to 11.01.2011 for installments No. 10 to 17 and also the payments through cheques of SBI of installments No.18 to 35. It is fact that there are some irregularities in making payment for the installments No.11 to No.15 as the same was not made within due date. Otherwise the complainant was making payment regularly. The complainant otherwise is a ‘good pay master’ and never intended to deceive the O.Ps. Though the petitioner claims that such irregularities were due to some technical fault like signature defect in the cheques. Even the O.P. agreed to receive payment through cash against proper receipt following some misunderstanding between the complainant and Axis Bank. The intention of the complainant to repay the loan within time is also clear as he shifted from Axis Bank to SBI and regularly paid the remaining installments. On the other hand O.P. after receiving full payment with all charges failed and neglected to hand over the key of the vehicle and refused to give NOC in spite of repeated demand by the complainant. Therefore O.Ps. have deficiency in service causing harassment and mental agony to the complainant.
On the other hand O.P. in answer to O.Ps. demand sent an account details through mail on 28.03.2014 claiming Rs.35,373/- without any reason. O.P. has already served final receipt showing such payment on 09.09.2013 after complete calculation and receiving Rs.371/- as final settlement. Therefore O.P. has no further claim from the complainant but O.P. neglected to supply the NOC and key of the vehicle to the complainant illegally without any reason.
So, we decided that the complainant has able to prove his case and he is entitled to get the NOC and key of the vehicle from O.P. No.1 and 2 along with other reliefs as prayed for,
Fees paid are correct.
Hence, it is
ORDERED,
That the consumer complaint being No. CC - 85/2014 be and the same is allowed on contest without cost against the O.P. Nos. 1 & 2 and dismissed exparte against O.P. Nos. 3 and 4.
O.P. Nos. 1 and 2 are directed to supply ‘No Objection Certificate’ and Key of the Vehicle No.WB-60D/8383, immediately, which is in their custody to the complainant. The O.P. Nos. 1 and 2 are further directed to pay compensation to the complainant of Rs.3,000/- for harassment and mental agony of the complainant and litigation cost of Rs.1,000/- within one month from the passing of this order to the complainant otherwise the complainant is at liberty to proceed with the law.
Let copies of this order be supplied to the parties free of cost.
