IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday, the 31st day of August, 2011
Filed on 29.03.2011
Present
1. Sri. Jimmy Korah (President)
2. Sri. K.Anirudhan (Member)
3. Smt. N. Shajitha Beevi (Member)
in
CC/No. 113/2011
between
Complainant:- Opposite parties:-
Sri. Biju Kuriakose 1. The General Manager
Ummacheril House Roonwal Investments (P) Ltd.
Kurichy P.O., Kurichy Village “Roonwal Mansion” No.17
Kottayam Kalathipillai Street, Sowcarpet
Chennai – 600 079
2. Sri. A.P. Xavier (Ponnan)
National Auto Finance
Raja Tourist Home, Room No.5
Cullen Road, Mullackal
Alappuzha – 11
O R D E R
SRI. K. ANIRUDHAN (MEMBER)
Sri.Biju Kuriakose has filed this complaint before the Forum on 29.3.2011, alleging deficiency in service on the part of the opposite parties. The allegations of the complainant are as follows:- He had purchased an Ambassador car bearing No.KL-07/4 Q 8904 from Kottayam and the said car was having loan of Rs.90,000/- with the first opposite party vide Loan No. P 482 and the loan was to be repaid by 24 monthly installments at the rate of Rs.5200/- each. He had repaid the said loan with interest having a total amount of Rs.1,24,800/- within time and the same was acknowledged by the opposite parties. As such the opposite parties have returned back the documents of the said vehicle except the NOC, and the termination letter showing the closure of the said loan. Several times he had contacted the opposite party for getting the document. But the opposite parties had refused to issue the documents and further demanded Rs.18,000/- more from him. Hence this complaint seeking relief.
2. Notice was issued to the opposite parties. They have not appeared before this Forum. Considering the absence of the opposite parties, they were set exparte by this Forum and proceeded the matter.
3. Considering the allegations of the complainant, this Forum has raised the following issues for consideration:-
1) Whether there is any deficiency in service on the side of the opposite parties?
2) Whether the complainant is entitled to get the documents from the opposite parties?
3) Whether the complainant is bound to remit any amount before the opposite parties?
4) Compensation and costs.
3. Issues 1 to 4:- Complainant has filed proof affidavit in support of his case and produced documents in evidence. Documents marked as Exts.A1 to A3. Ext.A1 is the original pass book issued by the opposite parties at the time of sanctioning the amount. The Ext.A1 document shows that an amount of Rs.1,24,800/- is the total amount to be remitted and it should be payable at the rate of Rs.5200/- by 24 installments in connection with the said loan. Ext.A1 further shows that the complainant had remitted the said amount by 24 installments at the rate of Rs.5200/- and closed the loan amount. Ext.A2 is the receipt issued by the 2nd opposite party at the time of remittance of an amount of Rs.10,400/- for closing the A/c on 19.9.2009. Ext.A3 is the Advocate notice sent by the complainant to the opposite parties requesting to issue termination letter, NOC and other documents.
4. We have carefully examined the whole matter of this case and perused the documents filed by the complainant. Exts.A1 and A2 shows that the complainant had remitted the whole amount without default by way of 24 installments, at the rate of Rs.5200/- in connection with the said loan. Ext.A1 further shows that the first opposite party had affixed their official seal at the time of clearance of the said loan. It is alleged by the complainant that at the time of clearance of the last payment of Rs.10,400/- for closing the A/c, the first opposite party had issued the receipt vide dt. 19.9.2009. Ext.A1 document also shows the details of the above remittance. After remitting the entire amount as per agreement of the said loan, complainant requested the opposite parties to return the documents including NOC for the said vehicle and termination letter acknowledging the closure of the said loan. But the opposite parties have returned the RC book, Insurance Certificate etc. to the complainant and refused to give the NOC and termination letter. Complainant sent Advocate notice dt. 12.8.2010 to the opposite parties requesting to return the NOC and termination letter (Ext.A3). But the opposite parties have not returned the said documents so far. By return of certain documents of the vehicle, by the opposite parties itself shows that the complainant had closed the account with them. After verification of the matter, we are of the strong view that the opposite parties have no right to refuse to issue the NOC and the termination letter to the complainant, since he had returned the entire loan amount, with interest as per agreement. So that the complainant is not bound to remit any amount to the opposite parties in connection with the said loan. The whole action of the opposite parties shows their unfair trade practice, grossest deficiency in service, dereliction in duty and culpable negligence by way of refusing to release of the documents relating to the said vehicle, the opposite parties have acted in an unauthorized way and it was highly illegal and arbitrary. The complainant has the every right to get the required certificates from the opposite parties, since the complainant had complied with the conditions stipulated in the agreement of the opposite parties. It is noticed that the opposite parties had not complied with the request of the complainant through his advocate notice. It is further noticed that the opposite parties have not appeared before this Forum as per the notice of this Forum. It shows their irresponsible attitude towards this financial matter. The above action of the opposite parties shows their negligent attitude towards this case. Since there was unfair trade practice, deficiency in service, negligence and cheating on the side of the oft the opposite parties by way of refusing to issue required documents to the complainant in connection with the said loan in time, the complainant is fully entitled to get compensation and costs from the opposite parties. The complainant is fully bound to get the required documents from the opposite parties. So after considering the entire facts and circumstances of this case, we are of the view that the allegations raised by the complainant against the opposite parties are to be treated as genuine. In this circumstances, we are of the further view that the complaint is to be allowed. All the issues are found in favour of the complainant.
In the result, we hereby direct the opposite parties to issue the Termination Letter, No objection Certificate and other related documents of the vehicle – Ambassador car bearing No.KL-07/AQ 8904 – to the complainant. We further direct the opposite parties to give an amount of Rs.10,000/- (Rupees ten thousand only) to the complainant as compensation for his mental agony, pain, sufferings, harassment, physical strain, inconvenience and loss due to the grossest deficiency in service, unfair trade practice, culpable negligence and cheating of the opposite parties by way purposeful denial to furnish the No Objection Certificate, Termination Letter and other related documents of the said vehicle to the complainant in time. Considering the facts and circumstances of this case, we are of the further view that the opposite parties are liable to pay punitive costs to the complainant. So we direct the opposite parties to give a sum of Rs.1000/- (Rupees one thousand only) as punitive costs to the complainant and further pay an amount of Rs.500/- (Rupees five hundred only) as costs of this proceedings. We direct the opposite parties to comply with this order within 15 days from the date of receipt of this order.
Complaint allowed.
Pronounced in open Forum on this the 31st day of August, 2011.
Sd/- Sri. K. Anirudhan:
Sd/- Sri. Jimmy Korah:
Sd/- Smt.N.Shajitha Beevi:
Appendix:-
Evidence of the complainant:-
Ext.A1 - Original pass book issued by the opposite parties
Ext.A2 - Receipt issued by the 2nd opposite party
Ext.A3 - Advocate note sent by the complainant to the opposite parties
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
