Date of filing : 23-06-2012
Date of order : 30-01-2013
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.212/2012
Dated this, the 30th day of January 2013
RESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT. K.G.BEENA : MEMBER
K.Safiya, W/o.Hassan Kutty, House No.4/306, Complainant
Kottoor, Po. Kasaragod.Dt.
(Adv.A.Balakrishnan Nair, Kasaragod)
1. The Branch Manager, Indus Ind Bank Ltd, Opposite parties
2nd Floor, Madan’s Arcade, Hosdurg.671315.
2. Indus Ind Bank Ltd, Corporate Office,
701, Solitaire Corporate Park, 167, Guru,
Hargvoindji Marge, Andheri (E) Mumbai.400093.
O R D E R
K.G.BEENA, MEMBER
Complainant availed a vehicle loan of Rs.8,00,000/- from opposite parties for the purchase of the vehicle KL-14-H-2365 on 21-08-2008. The rate of interest was fixed at 7.1%. Even after paying all the instalments as per the schedule without default complainant believes that she has made excess payment. Thereafter opposite party No.1 told him to pay Rs.14,200/- towards the last instalment. Eventhough the complainant was ready with the amount opposite parties did not accept the same. Complainant caused registered notice but opposite parties did not comply the demands. Hence the complaint for necessary redressal.
2. Adv.A.Manikandan filed vakalth for opposite parties but version is not filed as the matter is referred to adalath on 22-12-2012. Complainant represented before the Forum that the matter is settled and as per terms of settlement complainant paid the amount before opposite parties but opposite parties failed to issue clearance certificate as per agreement hence it is posted for evidence of the complainant.
3. Complainant filed proof affidavit. Exts A1 to A4 marked. Heard the counsel for complainant.
4. The brief facts of the case is that the complainant has availed a loan of Rs8,00,000/- from opposite parties on 21-08-2008 and the rate of interest was 7.1%. The E.M.I. was Rs.24,900/- till 21-02-2012 and thereafter Rs.22,900/- and the last instalment was Rs.19,600/-.
The grievance of the complainant is that the opposite parties compelled her to remit Rs.60,000/- towards insurance deposit and that amount was added in the repayment chart schedule. Complainant believes that she has paid excess amount to opposite parties. On enquiry he was asked to pay Rs.R14,200/- towards last instalment. According to the complainant the demand of Rs.14,200/- by opposite parties is against the contractual agreement and is unfair trade practice and deficiency in service. Opposite parties are bound to issue clearance certificate at the earliest after clearing the loan by the complainant. But they are evading from issuing clearance certificate so far the clearance certificate is not issued. After settling the matter in adalath opposite parties was continuously absent. The continuous absence of opposite parties after settlement presumes that they are evading from complying the terms of agreement on his part. Hence opposite parties are directed to issue clearance certificate pertains to the vehicles belongs to the complainant bearing Reg.No.KL-14-H-2365 with a cost of Rs.5000/- within 30 days from the date of receipt of copy this order. Failing which on application by the complainant appropriate directions will be issued to the registering authority to cancel the HP endorsement from the RC of the vehicle bearing Reg.No.KL-14 H-2365 stands in the name of opposite parties.
MEMEBR MEMBER PRESIDENT
Exts.
A1. Repayment schedule.
A2.4-5-2012 copy of lawyer notice.
A3. 25-05-2012 reply notice.
A4. 22-10-2012 Receipt issued by IndusInd Bank.
MEMBER MEMBER PRESIDENT
Pj/
