BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 12th day of January 2018
Filed on : 22-05-2017
PRESENT:
Shri. Cherian K. Kuriakose, President.
Shri. Sheen Jose, Member.
Smt. Beena Kumari V.K. Member.
CC.No.199/2017
Between
M.A. Sunil Dathu, : Complainant
S/o. Ambjujakshan, Malil house, (party-in-person)
Rajagiri P.O.,
Kalamassery-683 104.
And
Manager, : Opposite party
Tata Motors Finance Ltd., (By Adv. Nirmal V. Nair, N.V. Nair &
4th Floor, Smart Centre, Co., Chamber No. 758, Kerala
Civil Lane Road, High Court Advocates' Association
Chembumukku, Golden Jubilee Chamber Complex,
Cochin-682 021. High Court Junction, Kochi-682 031)
O R D E R
Cherian K. Kuriakose, President.
Complainant's case
The complainant availed a loan for Rs. 1,67,000/- from M/s. Tata finance, the opposite party and the 1st instalment of repayment of Rs. 3,940/- was due on 02-05-2012. The cheque given by the complainant was presented by the opposite party before the due date and therefore the cheque was dishonored. The complainant had paid Rs. 24,000/- as down payment for the purchase of the car only on 24-03-2012 . The invoice date was put as 23-03-2012 . The date was manipulated by the employees to complete their sales target and therefore the cheque issued to the complainant happened to be dishonored. Subsequently the complainant had paid Rs. 2,02,410/- even before the due date of the loan repayment. The balance amount to be paid was only 33,990/- even thought the complainant was ready to pay that amount the complainant was not permitted to pay that amount on the ground that the amount due as Rs. 52,000/- and not Rs. 33,990/-. The complainant was not given a copy of agreement for loan . The opposite party had intimated the default to CIBIL and therefore the complainant was unable to get any other loan, from any other financial institutions. Therefore the complainant is entitled to get the status of 'defaulter' from SIBIL and he is also entitled to get compensation of Rs. 1,00,000/- from the opposite party.
2. Notice was issued to the opposite party. Who appeared and contested the matter contending inter-alia as follows:
3. The complaint is not maintainable. The complainant is not a consumer. Therefore no deficiency in service on the part of the opposite party as alleged. This Forum has no territorial jurisdiction to entertain this complaint. Since arbitration proceedings has already been commence as per clause 24 of the agreement between the complainant and the opposite parties. This Forum has no jurisdiction. The complainant did not approach the Forum with clean hands. The credit information bureau was supplied with details of default as mandated by credit information company (Regulation ) Act 2005 .The complaint is also barred by law of limitation and the complaint is liable to be dismissed. It was further contented that there was no deficiency in service on the part of the opposite parties as alleged.
4. On the above pleadings the following issues raised for consideration.
. i. Whether the contention of the opposite party that this Forum has
no jurisdiction to entertain this complaint is proved?
Whether the complainant had proved any deficiency in service on the part of the opposite party?
iii. Reliefs and costs
5. The evidence in this case consists of Exbts. A1 to A5 documents on the side of the complainant and Exbts. B1 to B6 on the side of the opposite parties.
6. Issue No. i. The complainant produced the account details of the loan account as Exbt. A1 . Exbt. A2 is the receipt of Rs. 24,000/- issued by the opposite party on 24-03-2012 and Exbt. A3 is the receipt for payment of Rs. 3,940/- on 19-05-2012. Exbt. A4 is the receipt of payment dated 15-04-2012 and Exbt.A5 is the receipt of payment of instalment Rs. 3,940/- on 15-05-2012 . The complainant did not produce any other documents. The allegation of the complainant was that the amount paid by the complainant by way of instalments in 2012 was not properly accounted and that it was intimated to CIBIL that the complainant was a defaulter. This complaint was filed on 22-05-2017, five years after the date of agreement and alleged cause of action. The complaint is therefore found barred by limitation U/s. 24 A of the Consumer Protection Act. Exbt. A1 is a copy of the agreement executed by the complainant in favour of the opposite party. The complainant had filed this complainant after the arbitrator had issued notice to the complainant and his wife which was duly received by him. The arbitration award was passed on 30-09-2016 permitting the opposite party to realize an amount of Rs . 91,933.83. Further as per clause 24 of the agreement between the complainant and the opposite party the jurisdiction or courts of Tribunals other than those located in Mumbai had no jurisdiction to entertain any dispute arising out of the agreement. This Forum therefore has no territorial jurisdiction to entertain this complaint and there is no jurisdiction as per agreement as well. The complaint is barred by Section 24 A of the consumer Protection Act as well. We therefore find that the complaint is not maintainable before this Forum and even on merit the complainant who had approached the Forum with unclean hands without any regular payment as per the agreement is precluded from filing a consumer complaint before this Forum. Issue is found against the complainant.
7. Issue No. ii. Having found issue number i against the complainant this issues does not arise for consideration.
8. Issue no. iii. In the result, the complaint stands dismissed. However, we are not inclined to award any costs.
Pronounced in the open forum on this the 12th day of January 2018
Sd/-
Cherian K. Kuriakose, President.
Sd/-
Sheen Jose, Member.
Sd/-
Beena Kumari V.K., Member.
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainant's Exhibits
Exbt. A1 : Copy of contract details dt. 21-02-2017
A2 : Copy of receipt dt. 24-03-2012
A3 : Copy of receipt dt. 19-05-2012
A4 : Copy of receipt dt. 15-04-2012
A5 : Copy of receipt dt. 15-05-2012
Opposite party's exhibits:
Exbt. B1 : Copy of agreement
B2 : True copy of contract details
B3 : True copy of repayment schedule
dt. 14-06-2016
B4 : True copy of expense details
dt. 14-06-2017
B5 : True copy of repayments
dt. 14-06-2017
B6 : True copy of letter dt. 30-09-2016
Copy of order despatched on:
By Post: By Hand:
