IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Thursday the 31th day of March, 2016.
Filed on 01.08.2015
Present
1. Smt. Elizabeth George, President
2. Sri. Antony Xavier, Member
3. Smt. Jasmine.D. (Member)
in
C.C.No.239/2015
between
Complainant:- Opposite Parties:-
Sri. Yasar Arafath , 1. The Branch Manager,
S/O Hassan Kunju, Muthoot Capital Service Ltd,
Edapallyil, Kannampally, Muthoot Tower, Kayamkulam,
Kayamkulam.P.O., Pin.690502.
Alappuzha-6910502.
2. The Managing Director,
Muthoot Capital Services Ltd, M.G.Road, Cochin.
(By Adv. S. Ashamol)
O R D E R
SRI. ANTONY XAVIER (MEMBER)
The complainant in 2012 purchased a ‘Honda Activa’ scooter on availing a loan from the opposite parties. Thereafter the complainant remitted entire payment as set down by the opposite parties without fail. The opposite parties had even endorsed ‘foreclosure’ on the receipt of the last installment Subsequently, the complainant in order to get the ‘hypothecation endorsement’ deleted from the Registration Certificate by RTO, approached the opposite parties seeking issuance of NOC there from. The opposite parties belligerently required the complainant to make further payments or else no NOC would be issued. The complainant intimated in writing what had been actually taken place. However no response came forth till date. The complainant has been humiliated and humbled. The opposite parties refused to hand back not only the NOC, but also the blanks cheques obtained from the complainant. Got aggrieved on this, the complainant approached this Forum for compensation and relief.
2. On noticed being sent, the opposite parties turned up and filed version. According to the opposite parties, the complainant on 13th March 2013 availed a loan amount of Rs. 38800/- (Rupees thirty eight thousand and eight hundred only) from the opposite parties. As per the agreement executed between the parties, the complainant had to remit the loan amount in 36 equal monthly installment of Rs. 1514/- (Rupees thousand five hundred and fourteen only). The complainant remitted 35 installments without default but was disinclined to make 36th installments. The opposite parties on 11th February 2013, when the complainant effected payment of an installment erroneously endorsed the same as two installments. The opposite parties duly intimated the aspects as to this wrongly recorded installment to the complainant. Strangely still, the complainant on claiming to have remitted the entire installments, kept away from making the payment of the 36th installment. The opposite parties are not liable to issue the No Objection Certificate to the complainant till the entire payment is effected, the opposite parties strongly contend.
3. The complainant evidence consists of testimony of the complainant filed proof affidavit and the document Ext A1 was marked. The document C1 also was marked.
4. Bearing in mind the contentions of the parties the issues that come up for consideration before us are:-
(a)Whether there is any deficiency on the part of the opposite parties?
(b) Whether the complainant is entitled to any relief?
5. We meticulously went through the complaint, version, the proof affidavits and other documents brought on record by the parties. It appears that the crux of the complaint put forth by the complainant is that notwithstanding the entire amount was paid off, the opposite parties have not handed over the NOC and the blank cheques to the complainant. According to the opposite parties, the last installment amount of Rs. 1514/- (Rupees one thousand five hundred and fourteen only) is still left to be paid by the complainant. Keeping the said contentions in mind we once again examined the materials available on record before us. We with a surgeon’s precision perused the statement of account thoroughly only to convincingly come upon that the complainant has effected payment of 35 installments viz. the complainant is liable to pay one more installment amount of Rs. 1514/-(Rupees one thousand five hundred and fourteen only) to the opposite party. However, it is to be pertinent to note that the opposite party first of all impressed upon the complainant that the entire payment was cleared off by the complainant which essentially messed up the whole aspects leading to complainant’s agony and loss. Thus looking at all perspective, we are inevitably persuaded to hold that the complainant’s case merit acceptance to some extent. At the same time, the opposite party is entitled to one more installment amount of Rs.1514/- from the complainant. Notwithstanding this, it goes without saying that the opposite party’s service is deficient.
For whatsoever have been discussed herein above the complainant is directed to remit an installment amount of Rs. 1514/- (Rupees one thousand five hundred and fourteen only) with the opposite party. In the said even, the opposite parties shall deliver to the complainant the ‘Non Objection Certificate’ (NOC) and the blank cheques forthwith. The opposite parties are further directed to pay to the complainant an amount of Rs. 2000/- (Rupees two thousand only) as compensation to the complainant for the deficiency of service committed by them. The opposite party shall comply with the order if this court within 30 days of receipt of this order.
In the result, the complainant is allowed accordingly. No order as to costs.
Pronounced in Open Forum on this the 31st day of March, 2016.
Sd/- Sri. Antony Xavier (Member)
Sd/- Smt. Elizabeth George (President)
Sd/- Smt. Jasmine D (Member)
APPENDIX:-
Evidence of the complainants:
Ext.A1 - Copy of the receipt for Rs.1514/-
Ext.C1 - Report
Evidence of the opposite parties:- Nil.
//True copy//
By Order
Senior Superintendent.
To
Complainant/Opposite parties/SF
Typed by: Pr/-
Compd. By:
