By. Sri. Chandran Alachery, Member:-
The complaint is filed under section 12 of the Consumer Protection Act for an Order directing the opposite parties to pay Rs.71,466/- with 12% interest being the balance amount of sale price after deducting loan amount and also to pay Rs.25,000/- as compensation and Rs.15,000/- as cost of the proceedings.
2. Brief of the complaint:- The complainant purchased Mahindra and Mahindra goods vehicle with a value of Rs.3,70,000/- wide Registration No.KL 18 B 5509 from one Mr. Raheed, Palakkad in the year July 2012 and discussed with opposite party No.1 for raising finance over the vehicle. The 1st opposite party informed the complainant that 80% of the market value of the vehicle will be given as loan over the vehicle and calculated Rs.2,66,534/- as loan and paid the amount to the complainant. The 1st opposite party collected all vehicular documents from the complainant and the DD for the loan amount is given to the Raheed. The 3rd complainant is the driver of the vehicle and the son of 1st complainant. The 1st opposite party gave chart to the complainant for monthly installments of 48 months with a sum of Rs.9,253/- per month. The complainant could not remit the installments properly and it becomes due. The complainant paid altogether Rs.29,350/- towards installments. The complainant surrendered the vehicle with 1st opposite party in the month April 2013. The opposite party sold the vehicle in auction and according to the complainant, the complainant is entitled to get Rs.71,466/- being the balance amount of sale price after deducting loan amount interest. Aggrieved by this the complaint is filed.
3. On receipt of the complaint notice was send to opposite parties and notice served to opposite parties on 19.03.2015. The opposite parties appeared before the Forum through counsel on the first hearing date and sought time for version. The case is posted for version on 28.04.2015. On 28.04.2015 also, the opposite party sought time for version of opposite parties and the case is posted for version of opposite parties on 04.05.2015. On 04.05.2015 opposite parties did not file version and the opposite parties are set ex-parte.
4. On perusal of complaint and documents, the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite parties?
2. Relief and Cost.
5. Point No.1:- The complainant filed proof affidavit and examined as PW1 and documents are marked as Ext.A1 and Ext.A2. Ext.A2 document is the demand notice send by the opposite parties to the complainant asking him to remit the entire dues or to face auction. But the complainant did not respond to it. The demand of the complainant is that he wants the balance amount of sale price by calculating, Rs.3,70,000/- as the value of the vehicle and by deducting the loan amount of Rs.2,66,534/- from the total value along with the interest of Rs.32,000/-, the balance amount will be Rs.71,466/-. But normally when a second hand vehicle is put in auctions, market value of the vehicle may not be the upset price of the vehicle. It will be lesser than the market value. So the complainant's calculation cannot be taken into consideration. In this case, the opposite party did not file version and state what is the upset price fixed in auction and what is the auction amount. It is up to the opposite parties to deny the allegations. But opposite parties are ex-parte. Before auction, notice should be served to the complainant stating the time, date and place of auction. Failure to give notice to the complainant is a deficiency of service from the part of opposite parties. The Point No.1 is found accordingly.
6. Point No.2:- Since the Point No.1 is found in favour of complainant, the complainant is entitled to get cost and compensation.
In the result, the complaint is partly allowed and the opposite parties are directed to pay Rs.15,000/- (Rupees Fifteen Thousand) only as compensation for the deficiency of service to the complainant and Rs.1,000/- (Rupees One Thousand) only as cost of the proceedings. The opposite parties shall jointly and severally comply the order within 30 days from the date of receipt of this Order, failing which the complainant is entitled to get 12% interest for the whole sum.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 28th day of May 2015.
Date of Filing:17.12.2014. PRESIDENT :Sd/- MEMBER :Sd/- MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainants:-
PW1. Valsan. P, Ajesh. K. S, Anuraj. D. V (Affidavit) Complainants.
Witness for the Opposite Parties:-
Nil.
Exhibits for the complainants:
A1. Receipt. dt:08.04.2013.
A2. Notice. dt:11.07.2013.
Exhibits for the opposite parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
