BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENAKUMARI. A : MEMBER

SMT. S.K.SREELA : MEMBER

C.C. No. 283/2010 Filed on 09.09.2010

Dated : 15.03.2011

Complainant:

Vineesh V. Chand, S/o Chandran, Nellikathattil, Eayil Veedu, House No. 1001, Nellikunnu, Mulloor P.O, Thiruvananthapuram-695 521.

(By adv. Raj Kishore. A)

Opposite parties :

1. The Manager, Barclays Finance, (Barclays Investments and Loans (India) Ltd., Malivika Floor 144-145, Kodambakkam High Road, Nungambakkam, Chennai – 600 034.

    

2. The Manager, Gras Associates Pvt. Ltd., (A service provider for Barclays Finance), Chiramel House 37/5774, Kurusupalli Road, Ravipuram, Ernakulam-682 015.

This O.P having been heard on 23.02.2011, the Forum on 15.03.2011 delivered the following:

ORDER

SMT. BEENAKUMARI.A: MEMBER

Facts of the case are as follows: Complainant has availed a loan amount of Rs. 6,75,000/- from GMAC Financial service for a period of 5 years for purchasing a Toyota Innova Car, the loan was availed on 24.08.2007, the registration number of the car is KL /20-8390, the car was purchased for taxi purpose. The complainant at the time of availing the loan gave 60 PDC (Post Dated Cheques) favouring GMAC Financial Services Ltd., each having a face value of Rs. 16,031/- and undersigned by the complainant. The loan agreement number is 1060765. Every month the PDC was sent by GMAC Financial service to the complainant's bank account (HDFC Bank) for clearing the monthly EMI. From the date of loan availed till November 2009 the monthly EMI got cleared from the complainant's bank account promptly. From December 2009 till date the PDC have not hit the complainant's account for clearing which is a deficiency of service from the part of the 1^st opposite party. On the complainant's enquiry it cam to know that GMAC Financial service functioning at the First Floor, PTC Towers, S.S. Kovil Road, Tvpm – 695 501 was not functioning and their office was shut down. On enquiry it came to the complainant's knowledge that GMAC Financial service was undertaken by the 1^st opposite party but no intimation was sent to the complainant regarding the same. Suddenly on 15.01.2010 the 2^nd opposite party representing themselves as a service provider for the 1^st opposite party approached the complainant for the monthly EMI and the complainant paid one EMI for the month of December 2009 to the 2^nd opposite party (Rs. 10,000/-) vide receipt No.301235 and Rs. 6,031/- vide receipt No. 301236 on the same day itself. On the complainant's enquiry the 2^nd opposite party revealed that the 1^st opposite party had a registered branch office at Ernakulam, the complainant personally visited the 1^st opposite party's branch office address at Ernakulam as provided by the 2^nd opposite party, but the complainant was surprised to see that the branch office of the 1^st opposite party was locked. The 2^nd opposite party again approached the complainant for the monthly EMI but the complainant declined to pay the amount to the 2^nd opposite party as the 1^st opposite party was not having a registered branch office in the state of Kerala, and the complainant had a doubt as to the possibility of getting the No Objection Certificate from the 1^st opposite party after the tenure of the loan period. On the complainant's denial to pay further EMI's to the 2^nd opposite party on behalf of the 1^st opposite party, the 2^nd opposite party is trying to seize the vehicle from the complainant's possession and in many occasions since February 2010 the 2^nd opposite party is mentally harassing the complainant to surrender the vehicle to the 2^nd opposite party. The complainant is maintaining enough and more balance in the complainant's bank account for honouring the PDC's and there is no sort of dereliction on the part of the complainant. Complainant alleges that the act of the 1^st opposite party in not sending the PDCs monthly to the complainant's bank account is a deficiency in service.

The opposite parties in this case accepted notice issued from this forum. But not turned up to contest the case. Hence opposite parties remained ex-parte. Complainant has filed proof affidavit and produced 5 documents which were marked as Exts. P1 to P5.

Points to be ascertained:-

1. Whether there is deficiency in service from the side of opposite parties?

2. Whether the complainant is entitled to get the reliefs and costs?

Points (i) & (ii):- The complainant in this case availed a loan from GMAC Financial service for purchasing a Toyota Innova car. For the repayment of the loan installment complainant gave 6 post dated cheques to the GMAC Financial service. The complainant states that he is maintaining enough and more balance in his account for honouring the cheque. But from December 2009 till date the PDC have not hit the complainant's account for clearing which is deficiency of service from the part of 1^st opposite party. On enquiry it came to the complainant's knowledge that GMAC Financial service was undertaken by the 1^st opposite party, but no intimation was sent to the complainant regarding the same. The 2^nd opposite party approached the complainant for monthly EMI as a service provider for the 1^st opposite party. On enquiry it is revealed that the 1^st opposite party was not having a registered office in Kerala, and the complainant had a doubt as to the possibility of getting the N.O.C from the 1^st opposite party after the tenure of the loan period. Hence the complainant denied to pay the EMI's directly to the 2^nd opposite party. The opposite parties have to realise the EMIs from his account by sending PDC s to the complainant's bank account. But the opposite parties did not do so and they are trying to seize the vehicle from the complainant's possession and harassing the complainant to surrender the vehicle to the 2^nd opposite party.

In this case the complainant has filed proof affidavit and has produced 5 documents which were marked as Exts. P1 to P5. Affidavit filed by the complainant stands unchallenged. Ext. P1 is the copy of Registration Certificate of the vehicle in favour of the complainant. Ext. P2 is the receipt issued by the opposite party to the complainant for the payment of one EMI dated 15.01.2010. Ext. P3 is the bank statement maintained by the complainant for the period from 01.03.2010 to 26.08.2010. From this document we can find that the complainant is maintaining enough balance in his account to honour the PDCS. Ext. P4 is the intimation letter issued by the GMAC Financial service to the complainant that they have transferred all their right to the 1^st opposite party. Ext. P5 is the letter issued by the 1^st opposite party to the complainant regarding the repayment of EMIs. From the documents and evidences adduced by the complainant we find that the case of the complainant is a genuine one. Hence the complaint is allowed.

In the result, the 1^st opposite party is directed to issue statement of account regarding the loan agreement No. 1060765 to the complainant. The 1^st opposite party has the right to realize the pending installment amounts from the complainant and issue receipt for the same and the opposite parties shall not repossess or seize the Toyota Innova car with Reg. No. KL-20 8390 from the complainant until he commits default in paying installments. The 1^st opposite party shall issue NOC to the complainant when the entire loan amount is paid by the complainant. Time for compliance one month from the date of receipt of the order. Otherwise the complainant can initiate execution proceedings against the opposite parties.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 15^th day of March 2011.

Sd/- BEENAKUMARI. A : MEMBER

Sd/-

G. SIVAPRASAD : PRESIDENT

Sd/-

S.K. SREELA : MEMBER

jb

C.C. No. 283/2010

APPENDIX

I COMPLAINANT'S WITNESS :

NIL

II COMPLAINANT'S DOCUMENTS :

P1 - Copy of registration certificate of the vehicle.

P2 - Receipt issued by opposite party to complainant dated

15.01.2010

P3 - Bank statement maintained by the complainant.

P4 - Intimation letter issued by the GMAC Financial Service to the

complainant.

P5 - Letter issued by 1^st opposite party.

III OPPOSITE PARTY'S WITNESS :

NIL

IV OPPOSITE PARTY'S DOCUMENTS :

NIL

Sd/-

PRESIDENT