This Complaint coming up before us for hearing on 24-03-11 in the presence of Sri K.S. Chandramouleswara Rao, advocate for complainant and of Sri M. Seetaram, advocate for opposite party, upon perusing the material on record and having stood over till this day for consideration this Forum made the following:-

O R D E R

Per Sri A. Hazarath Rao, President:-

        The complainant filed this complaint U/S 12 of the Consumer Protection Act seeking direction to the opposite party to handover the vehicle bearing No.AP 07 AP 9639, Rs.25,000/- as special damages besides costs.

2.      In brief the averments of the complaint are these:  

        The complainant purchased the Tata Indica car bearing No. AP 07 AP 9639 at the finance of the opposite party.   The complainant paid 27 installments @Rs.7837/- pm from out of 59 monthly installments.   The complainant could not pay the 24^th installment i.e, September, 2009 inadvertently and due to lack of prior intimation.   The complainant is not conversant with the Electronic Clearing system.  When the complainant complained of the inconvenience to which he was subjected to, the opposite party collected penal charges for any default coupled with taunts and demands from call centers in a heckling and jarring voice.   Under those circumstances, the complainant surrendered the said vehicle due to problem with ECS.   In October, 2009 the opposite party collected the 26^th installment of Rs.7837/-  on 05-11-09 by way of ECS.   The opposite party issued a pre sale letter dated 31-12-09 claiming a sum of Rs.2,56,718/-.   The complainant got issued legal notice on 19-01-2010.   The complainant faced problem i.e., deduction of installments through ECS even after surrender of vehicle.   The above conduct of the opposite party amounted to unfair trade practice and deficiency in service.     

3.    The contention of the opposite party in brief is thus:

        AT the time of availing the loan the complainant was aware of rate of interest tenure of the loan and equated monthly installments along with other details.   The complainant paid 5 installments as per ECS and the 6^th EMI i.e., ECS mandate returned unpaid.  The complainant had option of either paying the installment amount through ECS or cheque while availing loan facility.   The complainant surrendered the vehicle on 12-10-09 due to financial problems.   The bank issued pre sale notice dated 31-12-09 after giving an opportunity to the complainant to take back his vehicle.  The opposite party conducted the auction of the vehicle on 26-03-10 and sold the vehicle for RS.2,26,000/- and appropriated the auction proceedings to the account of the complainant.   The other allegations contra mentioned  in the complaint are all false.   The complaint therefore be dismissed.

4.   Exs.A-1 to A-8 on behalf of complainant and Exs.B-1 to B-5 on behalf of opposite party were marked.

5.    Now the points that arose for consideration are:

1. Whether the opposite party committed deficiency of service?
2. Whether the complainant is entitled to compensation?
3. To what relief?

6.     Admitted facts in this complaint are:     

1. The complainant purchased the vehicle in question with  the financial assistance of the opposite party.
2. The loan has to be repaid in 59 monthly installments @Rs.7837/-.
3. The complainant paid certain installments by way of Electronic Collecting system.
4. The complainant surrendered the vehicle on 12-10-09 (Ex.A-3).
5. The opposite party issued notice for selling the vehicle in question (Ex.A-6).

7.      POINTS 1&2:-     The crucial document in this case is Ex.A-3 letter dated 12-10-09 addressed by the complainant to the collection Manager of opposite party and it reads as follows:

        “I, G.S.M. Sarma, am having vehicle with registration No. AP 07 AP 9639 with the help of ICICI Bank through loan No.LAGTR 00011196477 on 27^th August, 2007.   The vehicle mode and make are Tata India D/S BS 111 V2 Mint White color.

                Due to ECS & financial problem, I am surrendering the vehicle to the ICICI Bank through the possession agent having the name & syle of business M/s Lalitha Finance Links, Guntur on behalf of it I surrendered my vehidcle to its representative by name Mr. Sk. Saida  (Emphasis supplied).

                Kindly consider my request and issue me the loan clearance letter, intimate the same at your earliest”.

8.     The above averments clearly revealed that the complainant surrendered the vehicle due to ECS and financial problem.  The reasons averred by the complainant in para III (d) of the complaint is falsified by Ex.A-3 letter.

9.     Having surrendered the vehicle to the opposite party the complainant is estopped from questioning the sale notice issued by opposite party.   Therefore, Ex.A-3 in our considered opinion leads us to draw an inference that the opposite party did not commit any deficiency of service.   Under those circumstances, the complainant is not entitled to any compensation.   In view of the afore mentioned discussion, these points are answered in favour of opposite party.

10.   POINT No.3:-   In view of the above findings, in the result the complaint is dismissed without costs.

Dictated to Junior Steno, transcribed by her, corrected by me and pronounced in the open Forum dated this the 11th day of April, 2011.

Sd/-XXX                                           Sd/-XXX                             Sd/-XXX

MEMBER                                                         MEMBER                                 PRESIDENT

APPENDIX OF EVIDENCE

    DOCUMENTS MARKED

For Complainant:

For opposite party:        

                                                                                                                 PRESIDENT