Karnataka

Chitradurga

CC/11/2021

Sri.G.S.Ramesh S/o G.Srinivas - Complainant(s)

Versus

The Authorized Signatory,SREI Equipments Finance ltd, - Opp.Party(s)

Sri.P.S.Sathyanarayanarao

17 Aug 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHITRADURGA.

CC.NO:11/2021

 

DATED: 17^th August 2022

 

  PRESENT: -   Sri. M.I.SHIGLI. B.A., LL.M.,       PRESIDENT

                       

                        Sri. G. SREEPATHI, B.COM., LL.B., MEMBER         

                                      

                        Smt. B.H. YASHODA.    B.A., LL.B., LADY MEMBER

                               

                    

……COMPLAINANT/S	Sri. G.S. Ramesh S/o G Srinivas, Aged about 43 years, Agriculturist, R/o #364, Bagur-577515 Hosadurga Taluk, Chitradurga District. (Rep by Sri. P.S. Sathyanarayana Rao)
V/S
.….OPPOSITE PARTY/S	1. The Authorised Signatory, SREI Equipments Finance Ltd., Branch Office, No.37/21, 3rd Floor, Brahmanand Court, Lalbagh Main Road, Bengaluru-560027   2. The Authorised Signatory, SREI Equipments Finance Ltd., Head Office, Plot No.:Y-10, Block-EP, Sector-V, Salt Lake City, Kolkata-700091. (Rep. by OP-1 & 2 Ex-parte)

:ORDER:

 

Smt. B.H. YASHODA.    B.A., LL.B., LADY MEMBER

 

The above complaint has been filed by the complainant U/s 35 of the Consumer Protection Act, 2019 for seeking the relief of directions to the opponents to pay excess amount Rs.7,414.00/- which was collected from the complainant towards loan installment amount and to direct the opponents to pay the compensation amount of Rs.2,00,000/- towards mental agony, loss of energy incurred by the complainant with 9% interest from the date of collection till its realization and such other reliefs as this Hon’ble commission deems fit to grant under the circumstances of the case.

2. The brief facts of the complaint:

The complainant states in his complaint that the opponents are running the business under the name and style of M/s SREI Equipments Finance Limited, Head office at Kolkata and Branch Office at Bangalore. The complainant is an agriculturist and doing agriculture in Bagur Village, Hosadurga Taluk, Chitradurga District, Karnataka State.

3. The complainant stated in his complaint that the complainant intends to purchase New Holland 3600-2, 49.5 H.P. Tractor by availing loan amount of Rs.4,00,000/-  from Hubli Branch of Opponents vide contract No.57090, for a period of 4 years, which commences from 22/04/2014 to ending to 22/01/2018. Accordingly, the complainant has furnished all the required documents to the opponent company Branch office. Moreover, the complainant has paid the full loan amount to the opponent company without any default. Final payment made as per bank statement (for Rs.58, 627.00/- on 11/12/2018) in addition to this, the collecting amount agency who are appointing by the Finance company has not filed the cheques in time for collection, due to this, there may be chance of delay in payment of amount from complainant. It is not the mistake of complainant. But, not understanding the gravity of the transactions, the Finance company has charged heavy amount upon the complainant, which is not maintainable in law. It is submitted that at the time of availing the loan, the opponents have received signatures on some blank unfilled papers and also 5 Nos. of account payee cheques in favour Opponent Company, bearing No. (1) 474611, (2) 474612, (3) 474613, (4) 474614, (5) 474615 as a security for the loan amount.

4. Further, the complainant stated that the opponents has written a letter on 08/03/2018 by stating that there is still outstanding amount of Rs.1,09,712-00/- and 13/07/2019 stating that Rs.1,07,161.43 is outstanding in the account of complainant and on 03/10/2019, the opponents have written a letter by stating that there is still outstanding balance of Rs.1,17,120-98/- to be paid by the complainant. Even though the complainant has cleared the loan amount 11/12/2018 of Rs.58,627-00/- Excess amount of Rs.7,414-00/- has been collected by the opponents, vide Bank statement. Even during course of payment, no cheques have been bounced nor the complainant has paid the loan installment amount after the prescribed time.

5. It is further stated by the complainant that he has invested huge money for purchase of Tractor by borrowing loan amount from the opponent Finance and from his friends and relatives. After lapse of 1 years, the opponents have sent the letter by demand abnormal amount of Rs.1,17,120-98/- as outstanding balance amount to be paid by the complainant, which clearly goes to show that there is very clear cut deficiency in service, unfair trade practice done towards the complainant Eventhough, the complainant has cleared the borrowed loan amount to the opponents, they are intentionally, willfully dragged on the matter by giving one or other pretext, the reasons to them. In this regard the complainant has written 3 letters to send the loan discharge certificate, Balance crossed 4 Nos. of cheques and original documents. So, on 14/12/2018, the complainant has instructed his Bank i.e., State Bank of India, Hosadurga Branch, to stop the payment for above 4 Nos. cheques given in favour of opponents (Stop payment). For this the opponent company has not responded nor returned the documents/cheques. Without any alternative, the complainant has opted to file the complaint before this Hon’ble Commission to seek the redress.

6. The  cause of action for the complaint has arose to file this complaint is on 14/10/2020, when the complainant got issued the Legal Notice to the  opponents and the same has been duly received by the opponent, but, they have not complied to the Notice, nor returned the 4 Nos. cheques which are with them and not sent the Loan discharge certificate to the complainant, all the money transactions are done at Hosadurga Town, Chitradurga District, within the jurisdiction of this commission. After registered the complaint, the Commission has issued Notice to opponents and it were duly served to the opponents 1 and 2, but they are kept absent and placed exparte on 08/03/2021.

7. The complainant got himself examined as P.W.1 by filling his Affidavit as a part of examination-in-chief and the documents Ex.A-1 to Ex.A-10 and Ex.A-11 (a) to (h) were got marked and closed their side evidence. The complainant has filed his written Arguments through his Advocate. Arguments heard on complainant side.

The opponent No.1 and 2 not appeared before this commission and filed any version nor written Arguments.

8. On perusal of the facts and documents of the complaint and also written Argument filed by the complainant.

Now, the points that arise for our consideration for decision of above complaint are that:

1. Whether the complainant proves that he is the consumer of opposite parties?
2. Whether the complainant proves that he has paid full Loan amount to the opponent company? If so, on what date the complainant has the final Loan Installment amount to the opponents?
3. Whether the complainant is entitle to receive excess amount paid to the opponent?
4. Whether the complainant proves that the opponents are negligent and there is deficiency in service?
5. What Order?

9. Out finding on the above points are as follows:

1. Point No.1 to 4 Affirmative
2. Point No.5 As per final order

REASONS

10.Point No.1 : The complainant has been examined as PW-1 and produced documents marked as Ex.A-1-Aadhar Card of the complainant, Ex.A-2-Agreement /contract copy No.57090 dated 03/03/2014, Ex.A-3- Notarized copy of Bank statement from 01/01/2018 to 31/12/2018, Ex.A-4- Notarized copy of letter addressed to the State Bank of India to stop the payment in respect of 4 Nos. cheques, Ex.A-5 & 6 -Notarized coy of letter addressed to the opponent, dated 05/02/2019 & 26/05/2019, Ex.A-7-Notarised copy of letter written by opponents to the complainant dated 08/03/2018, Ex.A-8- Notarized copy of letter written by opponents to the complainant dated 13/07/2019, Ex.A-9-Notarised copy of letter written to the complainant by the opponent Ex.A-10-Notarized copy of the legal Notice dated 14/10/2020 addressed to the opponents Ex.A-11 (a) to (h) Notarized copy of 8 Money receipts. As per Ex.A-1 to 6, that there is no dispute that the complainant is the consumer complainant is the consumer by availing the loan of Rs.4,00,000/- for purchase of New Holland
3600-2, 49.5 H.P. Tractor from the opponents. As such, the issues No.1 is answered in affirmative.

11.Point No.2 to 4:  It is observed from the facts of the complaint, as per documents, Ex.A-3- Bank statement and Ex.A-11 (a) to (h) 8 paid Money receipts. After availing the loan of Rs.4,00,000/- from the opponent company, the complainant has paid the loan installment amount without fail and cleared the loan amount. It is observed that at the time of availing the loan, the opponents have received signatures on some blank unfilled papers and also 5 Nos. Account payee cheques in favour opponent company bearing No. (1) 474611, (2) 474612, (3) 474613, (4) 474614, and (5) 474615 as a security for the loan amount. Even after clearance of loan, the opponent company has not returned the 4 Nos. cheques and loan discharge certificate to the complainant. In this regard, the complainant has approached and requested the Bank

Authorities to stop the payments pertains to 4 cheques. And written letters to opponents with regard to return the excess amount of Rs.7,414/- collected from the complainant as per Ex.A-5 and 6, Even then, the opponents have not returned the 4 cheques and not refund the excess amount of Rs.7,414/- to the complainant. Furthermore, the opponents have written 3 letters by showing balance from the complainant as per Ex.A-7 to 9, But, the amount mentioned in their letters is quite different. It leads Ex.A-7 to 9 is controversial. As such, the issue No.2 to 4 is considered as affirmative.

 

        12. On perusing of the facts and documents produced by the complainant, it prima-facie shows that the OPs are derelicted their duties and negligent and deficiency in service. As such, the point No.5 taken into consideration as affirmative.

 

        As discussed on the above points and for the reasons stated therein we pass the following.

 

::ORDER::

        The complaint filed by the complainant U/s.35 of Consumer Protection Act, 2019 is Partly allowed.

 

It is ordered that the OP No.1 & 2 are hereby directed to refund the excess amount of Rs.7,414-00/- collected from the complainant with interest thereon at the rate of 8% p.a. till its realization.

It is ordered that the OP No.1 & 2 are directed to pay compensation of Rs.10,000/- towards mental shock and mental agony of the complainant.

It is further directed to the OP No.1 & 2   to pay Rs.5,000/- towards the cost of proceedings.

It is further ordered that, the OP No.1 & 2   are hereby directed to comply the above order within 30 days from the date of this order. If the OPs failed to comply the orders. It will carry 9% interest p.a. from the date of filing the complaint till its realization.

        Communicate the order to parties.

 

(Typed directly on the computer to the dictation given to stenographer, the transcript corrected, revised and then pronounced by us on  17^nd August  2022.)

 

 

 

LADY MEMBER                   MEMBER                    PRESIDENT

 

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:- Sri Sri. G.S. Ramesh S/o G Srinivas by way of affidavit    

           of evidence.  

Wetness examined behalf of opponents:

Nil.

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Aadhar Card of the complainant
02	Ex-A-2:-	Agreement /contract copy No.57090 dated 03/03/2014
03	Ex-A-3:-	Notarized copy of Bank statement of Account
04	Ex-A-4:-	Notarized copy of letter addressed to the State Bank of India dated 14/12/2018
05	Ex-A-5 & 6:-	Notarised coy of letter addressed to the opponent, dated 05/02/2019 & 26/05/2019
06	Ex-A-7to9 :-	Notarised copy of letter written by opponents to the complainant dated 08/03/2018, 13/07/2019 & 03/10/2019
07	Ex-A-10:-	Legal Notice dated 14/10/2020
08	Ex.A-11 (a) to (h)	Notarized copy of 8 Money receipts.

 

Documents marked on behalf of opponents:

 

Nil

 

 

LADY MEMBER                   MEMBER                    PRESIDENT

 

 

 

 

GM