| Complaint Case No. CC/10/92 |
| | | | 1. Kolli Satyanarayana @ Satyanarayana Reddy, | | Kolli Satyanarayana @ Satyanarayana Reddy, S/o. Arjun Reddy, Age: 70 years, Occu: Business, R/o. H.No.2-1-152/3, Kalasi Basthi, Yellandu Village and Mandal, Khammam District. | | Khammam | | Andhra Pradesh |
| ...........Complainant(s) | |
| Versus | | 1. The Branch Manager, Shriram City Union Finance Ltd., Yellandu Branch, D.No.1-2-29, | | The Branch Manager, Shriram City Union Finance Ltd., Yellandu Branch, D.No.1-2-29, Balaji Complex, Yellandu 507123, Khammam District. | | Khammam | | Andhra Pradesh |
| ............Opp.Party(s) |
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| ORDER | | BEFORE THE DISTRICT CONSUMERS FORUM AT KHAMMAM Dated this, the 17th day of June, 2011 CORAM: 1. Sri Vijay Kumar, B.Com., L.L.B. - President, 2. Sri R. Kiran Kumar, B.Sc. L.L.B - Member C.C. No.92/2010 Between: Kolli Satyanarayana @ Satyanarayana Reddy, s/o. Arjun Reddy, age: 70 years, occu: Business, r/o.H.No.2-1-152/3, Kalasi Basthi, Yellandu village and Mandal, Khammam District. ….Complainant And The Branch Manager, Shriram City Union Finance Ltd., Yellandu Branch, Khammam District, D.No.1-2-29, Balaji complex, Yellandu-507123. …Opposite party This C.C. is coming before us for final hearing in the presence of Sri.V.Vasantha Rao, Advocate for complainant and of Sri.K.Kranthi Kumar, Advocate for opposite party; upon perusing the material papers on record; upon hearing the oral arguments on both sides and having stood over for consideration, this Forum passed the following:- O R D E R (Per Sri R. Kiran Kumar, Member) 1. This complaint is filed under section 12(A) of the Consumer Protection Act, 1986 seeking for a direction to the opposite party to pay damages of Rs.4,00,000/- along with costs of Rs.5,000/-. The case of the complainant is that he is resident of Yellandu village and Mandal, Khammam District, he purchased a tractor and trailer bearing No.AP 24 U 3786 and 3787 in the month of February, 2010 for a sale consideration of Rs.1,70,000/- and out of which he contributed Rs.30,000/- and remaining balance amount of Rs.1,40,000/- was advanced by the opposite party vide loan account No.TR 51/10. As per the demand of opposite party, he executed blank documents and five blank cheques drawn on SBH, Yellandu branch as security measure for the loan amount. And also submitted that he was suddenly attacked paralysis and was bed ridden, paid first installment Rs.7,700/- for the month of March, 2010 and subsequently due to ill health he could not able to pay second installment amount on or before 22-4-2010. The opposite party, without issuing notice and taking advantage of his ill health, abruptly and forcibly had taken away the vehicle on 30-4-2010. The complainant further submitted that opposite party informed him through a letter, dt.14-8-2010 stating that the vehicle was already sold in auction, dt.13-7-2010 and after adjusting the sale proceeds of Rs.1,17,000/-, he has to still payment of Rs.59,300/- to them. The complainant further submitted that the vehicle is only livelihood for his family, due to the adamant attitude and illegal acts, without intimation auctioned the vehicle by opposite party. The complainant sustained heavy damage and the said act of the opposite party is arbitrary, illegal and against the terms of loan agreement, as such opposite party is liable to pay damages of Rs.4,00,000/-, which the complainant is entitled. Hence, the complaint. To support his case, the following documents were filed and got marked as Exs.A.1 and A.2. Ex.A.1 - Letter, dt.14-8-2010 addressed by the Shriram City Union Finance Ltd., to the complainant. Ex.A.2 - Original cover along with stitched receipt, dt.16-7-2010. On receipt of notice, opposite party appeared through its counsel, but did not chose to file counter. The complainant submitted a case law of 2010 (2) CCC 302(NS), NCDRC, New Delhi. Heard oral arguments. Upon perusing the material papers on record, the points that arose for consideration are, 1. Whether the complainant is entitled for claim as prayed for? 2. To what relief? Point No.1: It is seen from the record that the complainant, is a senior citizen, purchased a tractor and trailer for a sale consideration of Rs.1,70,000/- in the month of February, 2010. At the time of purchase, advanced loan by opposite party and as per the opposite party demand the complainant executed blank documents and signed blank cheques as security for the loan amount. The complainant suddenly suffered with paralysis, unable to pay the second installment on or before 22-4-2010, for that the opposite parties without intimation or notice had taken away the vehicle on 13-4-2010. As per Ex.A.1, the opposite parties sold the vehicle and the same was intimated through the letter, dt.14-7-2010 and also demanded Rs.59,300/- as due. It is pertinent to note that the complainant is a senior citizen, suffering from ill health and his vehicle/ tractor is only livelihood to his family, due to illegal acts of the opposite parties without intimation auctioned the vehicle against the terms of loan agreement. We observed that the opposite parties had taken away the vehicle within a week from the due date, from the possession of the complainant without giving notice or intimation. The complainant having possession of the vehicle, for two months, i.e. March and April, 2010. The opposite party does not file any material before this forum to show that they followed the terms of the loan agreement. Since the complainant was not given an opportunity to pay the installments, without giving notice auctioned the vehicle by opposite party, could be said that they have not complied with the terms and conditions of the agreement. Hence, we are of the opinion that there is deficiency of service. Hence the complainant is entitled for refund of his contributory amount together with interest and also damages which is just and reasonable. Therefore, we hold that the complainant has proved the deficiency in service on the part of opposite parties. Point No.2: In the result, the complaint is allowed in part, directing the opposite party to pay Rs.30,000/- to the complainant together with interest at 9% P.A. from 30-4-2010 till payment. Apart from that the opposite parties are also directed to pay Rs.1,000/- towards costs. Typed to my dictation, corrected and pronounced by us in the open Forum on this 17th day of June, 2011. PRESIDENT MEMBER DISTRICT CONSUMERS FORUM KHAMMAM Appendix of Evidence Witnesses examined on behalf of the complainant: -none- Witnesses examined on behalf of opposite parties: - None- Exhibits marked on behalf of the complainant: Ex.A.1 - Letter, dt.14-8-2010 addressed by the Shriram City Union Finance Ltd., to the complainant. Ex.A.2 - Original cover along with stitched receipt, dt.16-7-2010. Exhibits marked on behalf of the opposite parties: -Nil- PRESIDENT MEMBER DISTRICT CONSUMERS FORUM KHAMMAM | |
