IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM
Present:
Hon’ble Mr. Bose Augustine, President
Hon’ble Mr. K.N. Radhakrishnan, Member
Hon’ble Mrs. Renu P. Gopalan, Member
C C No. 163/2016
Wednesday, the 29th day of June, 2016.
Petitioners : Chandy T.C.
Thaikkal House,
Muttuchira P.O.
Kottayam -686 613.
(Adv. Shebin K. Cyriac)
Vs.
Opposite Parties : Branch Manager,
Sreeram Transport Finance Co. Ltd.
Karimattam Plaza,
Railway Station Road,
Kottayam – 686 001.
O R D E R
Hon’ble Mr. K.N. Radhakrishnan, Member
The case of the complainant is as follows.
He had taken a vehicle loan from the opposite party as an amount of Rs.1,50,000/- for his Mahindra Scorpio bearing Reg. No. KL-05-G 7677 in the year 2012-13. At the time of taking the loan, the opposite party submitted that the interest rate was 8% and the EMI was Rs.5,000/- and the total period of remitting the EMI was 3 years. But the petitioner can closure the entire loan at any time prior to the period of loan. Due to the financial stringency, the complainant could not remitted the EMI amount properly. On 18/08/2015 the complainant approached the opposite party for closing the loan. But the opposite party did not provide the loan statement and details of loan for closing the loan. Thereafter, on 29/09/2015 the complainant received lawyers notice from the opposite party demanded Rs.3,02,935/- is to be remitted by the complainant. The amount demanded in the lawyers notice was not true and baseless. The opposite party never provided the account statement to the complainant. There was deficiency in service from the side of the opposite party. Hence this complaint.
The notices were served with the opposite party. They did not appear either in person or through their Counsel even after accepting the notice from this Forum.
The complainant filed Proof affidavit and one document which is marked as Ext.A1.
Heard complainant. The case of the complainant stands unchallenged by the opposite parties even after accepting the notice from this Forum. So we have no reasons to dis-believe the sworn proof affidavit filed by the complainant. We are of the opinion that the case of the complaint is to be allowed.
In the result, the complaint is allowed as follows. We direct the opposite party to provide the detailed loan account statement with interest @ 8% per annum from the date of loan. We direct the opposite party to pay Rs.5,000/- as compensation for inconveniences and pay Rs.2,000/- as costs of these proceedings.
The Order shall be complied with within a period of one month from the date of receipt of a copy of this Order. The Order not complied within one month, the amount will carry interest @ 10% per annum from the date of Order till payment.
Pronounced in the Open Forum on this the 29th day of June, 2016.
Hon’ble Mr. K.N. Radhakrishnan, Member Sd/-
Hon’ble Mr. Bose Augustine, President Sd/-
Hon’ble Mrs. Renu P. Gopalan, Member Sd/-
Appendix
Documents of petitioner
Ext.A1 : Lawyers notice dtd.29/09/15 .
By Order
Senior Superintendent
