By. Sri. Jose. V. Thannikode, President:-
The complaint is filed under section 12 of the Consumer Protection Act against the opposite party to refund the excess amount collected towards loan and to give NOC to cancel the HP endorsement in the RC.
2. Brief of the complaint:- Complainant availed a loan of Rs.5,50,000/- from the opposite party on 17.04.2013 and the opposite party offered that the interest will be calculated on flat rate and 8.10% will be the interest and including the insurance premium, interest and principal and a total of Rs.7,84,750/- is to be remitted before 21.02.2018 and a statement to that effect is also given to the complainant. As per the terms of agreement the complainant repaid Rs.9,01,325.86/- within 30.12.2017 and produced the statement of account and receipts issued by the opposite party. Complainant further stated that the repayment was on various dates and with lumpsum amount the complainant already remitted Rs.1,16,575.86/- more than that of the amount what actually to be refunded. It was noticed only when the complainant received a account statement from the opposite party on 30.12.2017. So the complainant approached the opposite party to issue NOC to cancel the HP endorsement in the RC and to repay the excess amount already remitted to the opposite party. Then the opposite party requested to came after one week to verify the account and to give NOC. When the complainant approached the opposite party after one week the opposite party said that the complainant should remit Rs.65,350/- then only the NOC will be issued and if not paid the vehicle will be seized immediately. Hence the complainant prayed before the Forum to direct the opposite party to refund the excess amount of Rs.1,16,575.86/- and to issue NOC and to pay cost and compensation of Rs.25,000/- and to pay cost of the proceedings.
3. Notice were served to opposite party on 17.02.2018 but not appeared before the Forum and not filed version also. Hence opposite party is declared ex-parte on 27.02.2018.
4. The complainant filed proof affidavit and stated as stated in the complaint and he is examined as PW1 and Ext.A1 to A3 documents were marked. Ext.A1 is the Loan details including interest total, total amount to be paid, including the insurance premium, loan date, period of loan, first date of EMI and last date of EMI issued by opposite party. Ext.A2 is the Statement of Account issued by the opposite party on 29.01.2018, wherein the total repayment is shown as Rs.9,01,325.86/-. Ext.A3 series are the Receipts(44 Numbers) issued by the opposite party, it shows a total amount of Rs.6,83,655/-.
5. On considering the complaint, evidence and documents the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service or unfair trade practice from the part
of opposite party?
2. Relief and Cost.
6. Point No.1:- The case of the complainant is that he availed a loan of Rs.5,50,000/- and as per the flat rate of 8.10 within six years he has to repay Rs.7,84,750/- within 21.02.2018. Ext.A2 proves that the complainant is repaid Rs.9,01,325.86/- within 29.01.2018. The receipt is produced worth Rs.6,83,655/- and complainant further stated that some of the receipts were missing from the complainant. Since the opposite party is ex-parte the statement and evidence of complainant can be believed. The total amount to be repaid as per Ex.A1 is Rs.7,84,750/- as Ext.A2 which is issued by the opposite party shows the remittance of RS.9,01,325.86/- even after that not return back the excess amount collected and not giving the NOC to cancel the HP endorsement is a clear case of deficiency of service and unfair trade practice from the side of opposite party. Hence the Point No.1 is found accordingly.
7. Point No.2:- Since the Point No.1 is found against the opposite party, opposite party is liable to return back the amount collected in excess than that of the total due and also liable to pay cost and compensation and also liable to give NOC to cancel the HP endorsement and not entitled to seize the vehicle. Hence the Point No.2 is found accordingly.
In the result, the complaint is partly allowed and opposite party is directed to return back Rs.1,16,575.86/- (Rupees One Lakh Sixteen Thousand Five Hundred and Seventy Five and Eight Six Paise) with 12% interest from 30.12.2017 and also directed to pay Rs.10,000/- (Rupees Ten Thousand) as compensation and Rs.5,000/- (Rupees Five Thousand) as cost of the proceedings to the complainant and also directed to give NOC to cancel the HP endorsement in the RC within one month from the date of receipt of this Order. Also directed to not to seize the vehicle bearing NO. KL 73 2626. On failure the complainant is entitled for an interest at 15% per annum till realization.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 13th day of March 2018.
Date of Filing: 02.02.2018.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Shibin. (Affidavit). Complainant.
Witness for the Opposite Party:-
Nil.
Exhibits for the complainant:
A1. Loan Details issued by opposite party.
A2. Statement of Account.
A3(Series). Receipts (46 numbers).
Exhibits for the opposite party:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
