D.o.F:18/12/2012
D.o.O:30/04/2014
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.NO.332/12
Dated this, the 30th day of April 2014
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.BEENA K.G : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
George Sebastian,
Pullathottiyil Veedu,
Kinnur Po, Kelamkulam, : Complainant
Parappa, Kasaragod.671533
(in person)
1.The Branch Manager,
Muthoot Capital Services,
Nileshwar, Kasaragod.
2. Muthoot Capital Services.Ltd, ; Opposite parties
Muthoot Tower, 5th Floor,
M.G.Road, Cochi-682035
(Adv.C.KrishnaKumar,Kasaragod)
ORDER
SMT.SHIBA.M.SAMUEL : MEMBER
The gist of complainants case is that he availed a hire purchase loan from opposite parties as HP.NO.1026968 and the same was closed on 10/7/12 by paying the entire EMI. At the time of availing loan, the complainant and opposite parties entered into a hire purchase agreement and the opposite parties were also accepted 3 cheque leafs of the complainant’s father . But even after the termination of the loan by the complainant on payment of entire amount , opposite parties failed to return the duplicate key, NOC, Form 35 and the cheque leafs of the complainant’s father. On repeated enquiry opposite parties issued NOC after 72 days on the date of termination of loan and thereafter on 12/11/2012 only, they returned the duplicate key of the vehicle. The complainant had great mental agony and pain and loss due to the deficiency in service from the opposite party. Hence the complaint.
Notice was issued to the opposite party and both of the opposite parties appeared through counsel and filed version. The complainant was examined as PW1 in respect of the cheque leafs lost from them and Exts A1 to A5 were marked.
Opposite parties contended in their version that there is no deficiency in service from their part and they opposed all the allegations apart them.
On going through the records before the Forum ,it is admitted that PW1 availed one hire purchase loan and the same was repaid by him and the opposite parties have issued NOC and the loan agreement entered into between PW1 and opposite parties had been terminated on the basis of Ext.A1 that is the NOC dtd.22/9/12. But on perusal of another important document that is Ext.A5 which is the letter sent by opposite parties to PW1 admitting that is the blank cheque leafs being Nos.180291,180292,180293 of SBT Nileshwar Branch given by PW1 is misplaced from their custody while on shifting their office. It is pertinent to note that the opposite parties failed to return the duplicate key, issuance of NOC etc immediately after the repayment of loan amount. But it was only on repeated request and reminders from the part of PW1 the opposite parties were constrained to return duplicate key and issued NOC. And moreover the opposite parties are usually highly particular about imposing high rate of interest on customers for delay in payment. Not even a single day delay will not spared by them from imposing additional interest. When the opposite parties are having such strict attitude towards the customers, they are bound to take additional care and caution to protect the interest of the customers also. But instead of that they have misplaced the cheque leafs which has given by PW1 as a security at the time of availing loan. The deficiency in service from the opposite parties are crystal clear while perusing the Ext.A5 letter. The apprehension of PW1 is that the cheque leafs mentioned above can be misused by opposite partes in future cannot be taken into a negligible manner. Therefore the PW1 is entitled for a relief for his mental agony and deficiency in service on the part of opposite parties.
In the result we are of the opinion that the opposite parties are hereby directed to issue a letter of indemnity in favour of PW1 in respect of the cheque leafs lost from them and they are further directed to pay compensation of Rs.10,000/- for mental agony and Rs.5000/- as cost of the proceedings. Time for compliance is limited to 30 days from the date of receipt of copy of the order. If the opposite parties failed to comply the direction of issuance of letter of indemnity within the stipulated period they are liable to give Rs.5000/- as additionally.
Exts:
A1- copy of NOC issued by the OP
A2- copy of Termination letter
A3-copy of Loan closure receipt
A4-copy of key delivery receipt
A5- copy of letter issued by Ops
PW1- George Sebastian-complainant
Sd/ Sd/ Sd/
MEMBER MEMBER PRESIDENT
eva
/Forwarded by Order/
SENIOR SUPERINTENDENT
