D.O.F:26/11/2022
D.O.O:19/05/2023
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.No.289/2022
Dated this, the 19th day of May 2023
PRESENT:
SRI.KRISHNAN.K :PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
Shihab, aged 34 years,
S/o Beebi,
R/at Sabana Manzil, : Complainant
Nadupallam,
Mogral Post & Village,
Kasaragod Taluk & Dist.- 671321
(Adv. Suresh.K.P)
And
The Branch Manager,
M/s Muthoot Capital Service Ltd.
Kumbala Branch, Badiadka Road, : Opposite Party
Kumbala Post, Manjeshwara Taluk,
Kasaragod District- 671321
ORDER
SMT.BEENA.K.G : MEMBER
The brief facts of the case of the Complainant is that he availed a loan of Rs.67,000/- for the purchase of a Scooter bearing Registration No.KL14 Y 1996. The Complainant agreed to repay the loan along with interest by 36 monthly instalments of Rs.2,699/- The allegation of the complainant is that even though he paid a total amount of Rs. 33,355/-. The Opposite Party visited his house and threatened him and abused him in filthy language and demanded Rs. 1,25,000/- to settle the loan or else the Opposite Party will seize the vehicle without any notice and further information by using illegal force. The further allegation of the Complainant is that the Opposite Party has not issued any receipt for the installments paid and they illegally demanded additional amount and harassed the complainant. At the time of granting loan Opposite Party fixed the interest rate at 9.5% per annum. But they charged 15% interest per annum. The apprehension of the complainant is that Opposite Party will seize the vehicle using criminal force. The complainant suffered mental agony and loss due to the continuous threatening from Opposite Party. Therefore the complainant is seeking a compensation of Rs.2,00,000/- with Rs.20,000/- as cost.
Notice of Opposite Party served. But they remained absent name of Opposite Party called absent set exparte.
The complainant filed proof affidavit in lieu of chief examination and documents produced are marked. Ext.A1 is the copy of Registration certificate of the scooter, Ext.A2 is the copy of statement of account issued by Opposite Party. The questions raised for consideration are –
- Whether there is any deficiency in service on the part of Opposite Party as alleged by the complainant.
- If so what is the relief?
For convenience issue No.1 &2 can be discussed together.
Ext.A1 the registration certificate of the scooter proves the purchase of the vehicle and Ext.A2 the statement of account issued by Opposite Party shows financial liability of the complainant to Opposite Party. The complainant failed to adduce evidence or produce any document to prove deficiency of service or unfair trade practice on the part of Opposite Party as alleged in the Complainant.The complainant is using the vehicle and he stopped repayment of the loan long back. There is no reasonable ground to allege deficiency of service or unfair trade practice on the part of Opposite Party. The complainant apprehends seizer of the vehicle by Opposite Party using illegal force at the time of filing this complaint.No documentary or circumstantial evidence is produced to prove any illegal act on the side of Opposite Party. In the absence of deficiency of service or unfair trade practice on the part of Opposite Party the Complainant does not deserve any relief. No material evidence is produced before this commission to prove the allegations eveled against the Opposite party by the Complainant.
Hence this complaint is dismissed with no order as to cost.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exhibit
A1: Copy of Registration certificate
A2: Copy of statement of account
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
Ps/
