IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Tuesday the 30th day of April , 2012
Filed on 29-06-2011
Present
1. Sri. Jimmy Korah (President)
2. Sri. K. Anirudhan (Member)
3. Smt. N. Shajitha Beevi (Member)
in
C.C.No.224/2011
Between
Complainant :- | Opposite parties |
Sri. Sabu Thomas, Kallupurakkal, 31/60, Pazhaveedu .P.O, Alappuzha (Adv.V.N.Kiran Lal) | 1. Tata Motors Finance Ltd. 1st Floor, Cybertech House, Plot No. B-63, Road No. 21/34, J.B.Sawant Marg, Wagle Estate. Thane West, 400604 2. Tata Motors Finance,CCSB Road, Alappuzha. (Adv. M.S.Unnikrishnan) |
O R D E R
SRI.JIMMY KORAH (PRESIDENT)
.
The complainant’s case in succinct is as follows; - The complainant in January 2008 availed a loan amount of Rs.248000/ -(Rupees two lakhs forty eight thousand only ) from the opposite parties for purchasing a vehicle. The EMI fixed was Rs.7500/-(Rupees seven thousand five hundred only ). As demanded by the opposite parties, the complainant even though entrusted 10 cheques each of which for an amount of Rs. 7500/-(Rupees seven thousand five hundred only) the repayment was being made in hard cash through the executives of the opposite parties. The complainant was effecting repayment unfailingly. However, in an unavoidable circumstance, the complainant defaulted two or three installments. Thereafter the complainant in order to made good the default amount started paying EMI with an additional amount of Rs.500/-(Rupees five hundred only ) viz,Rs.8000/--(Rupees eight thousand only ). Strangely yet, the opposite parties, in the meanwhile embarked upon c1rbitration proceedings and arbitrarily obtained an award amount of Rs.141223.55/-(Rupees one lakh forty one thousand two hundred and twenty three and fifty five paisa only). The opposite parties were conducting the arbitration proceedings against the complainant and procuring the repayment from him simultaneously. The award amount is exorbitant. The complainant is not liable to pay this much amount to the opposite parties. The opposite party is liable for deficiency of service. The complainant sustained harassment and humiliation. Got aggrieved on this, the complainant approached this Forum for compensation and relief.
2. On notice being served the opposite parties turned up and filed version. The crux of the contentions of the opposite parties is that the complainant has failed to repay the loan within the stipulated time. The complainant on 18th February 2008 entered into a loan agreement with the opposite party and the complainant availed a loan amount of Rs.248000/-( Rupees two lakhs forty eight thousand only ) from the opposite party. The same was to be repaid in 47 installments with Rs. 88000/- (Rupees Eighty eight thousand only ) as finance charges. According to the opposite parties, the complainant caused default of some installment, only made part payments of many more installments and good number of payments were effected belatedly. According to the opposite parties, as per the contract value of the said loan the complainant was liable to pay Rs.360000/-( Rupees three lakhs sixty thousand only ) to the opposite parties. As per the receipt information maintained by the opposite parties, the complainant had only paid an amount of Rs. 311250/-/-(Rupees three lakhs eleven thousand two hundred and fifty only ) as on 26th September 2011 to the opposite parties. The complainant as on 26th September 2011 was liable to pay till outstanding installment of Rs. 36713.23 ( Rupees thirty six thousand seven hundred thirteen and twenty three paisa ) along with accrued overdue charges of Rs. 23192.48 (Twenty three thousand one hundred ninety two and forty eight paisa ) taking the total to Rs.59905.71 ( Rupees fifty nine thousand nine hundred five and seventy one paisa only ) to the complainant . The opposite parties are very much prepared to issue NOC to the complainant, provided the complainant effects payment of Rs. 599905.71( Rupees fifty nine thousand nine hundred five and seventy one paisa only) The complainant case is without any basis the opposite party never committed deficiency of service. The complaint is only tobe dismissed with cost to the opposite parties, the opposite party fervently contends.
3. The complainant evidence consists of the testimony of the complainant and the documents Exbts A 1 to A.1 were marked. On the side of the opposite parties the affidavit of its area manager was filed, and the documents Exbts B1 to B12 were marked.
4. Bearing in mind the contentions of 'the parties, the questions that crop up before us for consideration are:-
(a) Whether the opposite party committed deficiency of service?
(b) Whether the complainant is entitled to any relief ?
5. We carefully pursed the materials brought on record before us. Concededly, the complainant has availed a loan amount of Rs.248000/-(Rupees two lakhs forty eight thousand only ) from the opposite parties. According to the opposite parties the amount to be repaid in 47 installments was. Rs.360000/-(Rupees three lakhs sixty thousand only ). The complainant case is that after causing a couple of or three the complainant was effecting payments of installments unfailingly. Strangely yet, the opposite parties carried out arbitration proceedings against the complainant at the same time whilst they were collecting installments or repayment from the complainant. On an analysis of the opposite parties' case itself, it appears that the complainant has remitted Rs.311250/-( Rupees three lakhs eleven thousand two hundred and fifty only ) as on 26th September 2011. In the aid context, the award passed by the arbitrator obviously went immaterial. At the same time, the complainant has not proved nor even contended that the complainant has paid any more amounts beyond Rs.311250/-(Rupees three lakhs eleven thousand two hundred and fifty only ). However, on a plain reading of the express contention of the opposite party, it seems that out of Rs. 59905.71 (Rupees fifty nine thousand nine hundred five and seventy one paisa only) alleged to be due to the opposite party, Rs.23192.48 (Rupees twenty three thousand one hundred ninety two and forty eight paisa ) is claimed on the head of the accrued overdue charges. In the said manner, the original amount the complainant is appeared to have been due to the opposite party was Rs.36713.23 (Rupees thirty six thousand seven hundred and thirteen and twenty three paisa only ) as on 26th September 2011. A reading of Exbt A2 'Award' shows that the opposite parties resorted to arbitration proceedings while payment was made. In this setting we are of the view that the complainant is liable to pay the opposite party the original due amount. Since it does unfold that an amount of Rs.36713.23 (Rupees thirty six thousand seven hundred thirteen and twenty three paisa only ) is due to the opposite parties from the complainant we are of the view that no deficiency of service can be attributed to the opposite parties. We regret, we are unable to accept the complainant case. In view of whatever has been elaborated, we are of the considered view that the opposite parties are entitled to recover the original due amount viz. Rs.36713.23 (Rupees thirty six thousand seven hundred thirteen and twenty three paisa only ) without charging any manner of interest.
6. In the light of the facts and circumstances discussed herein above, the opposite parties shall issue the statement of account subsequent to from 26th September 2011 to the complainant within 30 days of receipt of this order. In doing so the opposite parties are directed to take into account amount if any remitted by the complainant past 26th September 2011 and deduct the same from the original due amount viz. Rs.36713.23 (Rupees thirty six thousand seven hundred thirteen and twenty three paisa only). The complainant is directed to pay the said mount viz. the original due amount or Rs.36713.23 (Rupees thirty six thousand seven hundred thirteen and twenty three paisa only ) or the deducted amount as the case may be to the opposite parties within two months of receipt of the statement of account issued by the opposite parties. In the event or the said amount being remitted by the complainant the opposite parties shall issue NOC and other material documents if any to the complainant forthwith .
7 . For the forgoing facts and finding or the present case, we are or the view that the complaint is liable to be dismissed with the above observations, and the same is dismissed.
Pronounced in open Forum on this the 30th day of April , 2012.
Sd/-Sri. Jimmy Korah
Sd/-Sri. K. Anirudhan
Sd/-Smt.N. Shajitha Beevi
Appendix:-
Evidence of the complainant:-Ext.A1
Ext.A1 Series - Receipt dated 20/10/2008
Ext.A2 - Letter dated 4/05/2011
Ext.A3 -Notice from opposite party to the complainant
Evidence of the Opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite Parties/S.F.
Typed by:- sh/-
Compared by:-
