Date of filing : 24-06-2010
Date of order :30-11-2010
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
C.C. 148/2010
Dated this, the 30th day of November 2010
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
1. The Principal
Azeeziya English Medium School, } Complainants
North Chithari, Po.Chithari,
Via. Pallikkara, Kasaragod.Dt. 671316.
2. C.B.Mohammed, Manager, Azeeziya English
Medium School, North Chithari, Pallikkara,
Kasaragod.Dt. 671316.
(Adv. C.Damodaran, Kasaragod)
The Branch Manager, } Opposite party
TATA Motor Finance, Ward No.789
Wib 15 1st floor, South Bazar, Kannur 670002.
(Adv. M.Preman, Kannur.)
O R D E R
SRI.K.T.SIDHIQ, PRESIDENT
Shortly stated the case of the complainants is that inspite of the repayment of the entire loan amount by post dated cheques with sufficient amount in the account, Opposite party willfully delayed the presentation of cheques before the bank in due time so as to collect unlawful gain by way of additional interest. According to complainants there is only one instalment `16,450/- which is remaining and the non payment is due to the non presentation of the post dated cheque already issued to opposite party vide No.502445 dated 10-10-2007 for `16,450/-. Later when approached with the balance amount opposite party refused to accept the amount to make profit by collecting additional interest. Complainants are ready to pay `16,450/- only and the opposite party was not diligent in presenting the cheques in time. Therefore the complaint.
2. According to opposite party as per the account maintained by them complainants are liable to pay `17,985/- being overdue instalments, `32,232/- being ODC charges and other charges amounting to `51,667/- as on 23-07-2010 and they have acted only in terms of agreement and there is no deficiency or negligence on their part. Hence the complaint is liable to be dismissed.
3. For complainants Sri.Damodaran Nair, Principal of the school filed proof affidavit. Exts A1 to A7 series and Ext.A8 marked. Both sides heard. Documents perused.
4. The definite case of the complainants is that they issued post dated cheques towards the payments of monthly instalments in advance and the account maintained by them NMG Bank was never running short of money for honouring the cheques issued to the opposite party. According to PW1, opposite party has collected `5,624/- in addition to the contracted amount. Ext.A8 is the copy of the pass book of complainant of the account maintained in North Malabar Gramin Bank. From Ext.A8 it is very clear that their account holding sufficient money on all occasions.
5. What prompted opposite party to encash 3 or 4 cheques together is remained unexplained. Further the statement of account produced along with the version shows that the opposite party has repeatedly added retainer charges, collection agency charges etc which is running to thousands of rupees. But opposite party nowhere explained what is the retainer charges and collection agency charges and how the complainants liable to pay the said amounts.
6. When a customer who is maintaining sufficient amount in their account issues post dated cheques towards the remittance of monthly instalments, then where is the scope for collecting collection charges and retainer charges is not explained by opposite party. Therefore it is clear that the intention of opposite party is only to grab money without any basis and bonafideness.
7. The claim for `51,667/- is illegal and without any basis and the non-settlement of complainant’s claim is a deficiency in service on the part of opposite party.
8. Therefore the complainants are entitled for an order their favour.
Hence the complaint is allowed and opposite party is directed to issue HP clearance certificate to the complainants pertaining to the vehicle bearing Reg.No.KL-14/F6998 after accepting `16,450/-. The complainant shall pay the amount within one month from the date of receipt of copy of copy of order. On receipt the said amount, the opposite party shall issue HP termination letter and clearance certificate within 20 days of the receipt of `16,450/- from complainant. Failing which opposite party shall be liable to pay a compensation of `10,000/-. Moreover on application by the complainant necessary direction will be given to the concerned registering authority to cancel the endorsement favouring opposite party in respect of vehicle No.KL 14 F 6998. In the said circumstances there is no specific order as to costs.
Sd/- Sd/-
MEMBER PRESIDENT
Exts.
A1. Contract details dt.19-5-2010.
A2. Insurance Collection cum receipt.
A3. 16-7-2009 letter issued by OP to complainant No.1.
A4.14-2-10 letter sent by complainant No.1 to OP.
A5.10-03-10 copy of letter
A6.29-03-10 Copy of letter
A7.Series debit details in 10 numbers.
A8. Copy of pass book.
Sd/- Sd/-
MEMBER PRESIDENT
Pj/
Forwarded by Order
SENIOR SUPERINTENDENT
