Date of filing : 29-09-2011
Date of order : 17-01-2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.245/2011
Dated this, the 17th day of January 2012
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT. K.G.BEENA : MEMBER
M.S.Muhammedkunhi, } Complainant
S/o.Shaikali “Mahaba”,
Shiribagilu, Chowki, Kasaragod Taluk.
(In Person)
The Manager, Mahindra Finance, } Opposite party
2nd Floor, City Centre, Bank Road,
Kasaragod. 671121.
(Adv.Babuchandran.K, Kasaragod)
O R D E R
SMT.K.G.BEENA, MEMBER
The case of the complainant Sri.M.S. Muhammed kunhi is that he availed a financial assistance of `61549/- from opposite party for purchasing an Alto Car. As per the agreement complainant has to pay 29 monthly instalments of `2610/- and the opposite party collected 29 cheques of `2610/- from complainant. On 2011 June & July the opposite party informed the complainant that they did not send the cheque for collection. So the complainant paid the instalments of June & July directly by cash. Thereafter the complainant came to know that the cheques of June and July is already encashed by opposite party after receiving cash.
2. According to opposite party the complainant made double payments in the month of June & July and it is agreed by the complainant that those two instalments can be adjusted to the monthly instalments of August and September. Thereafter the complainant sent a lawyer notice to the opposite party. As soon as receiving the lawyer notice opposite party sent a cheque of `5220/- in the name of the complainant on 25-08-2011. Hence complainant is not entitled for any relief as prayed in the complaint.
3. Complainant produced documents in support of his case and it is marked as Exts A1 to A5. Opposite party produced 2 documents copy of the cheque Ext.B1 and office copy of the lawyer notice Ext.B2. There is no oral evidence adduced.
4. Both parties agreed that there is an HP agreement between complainant and opposite party. As per the terms and conditions the opposite party collected 29 cheques of `2610/- at the time of sanctioning the loan application of the complainant on 2011 June & July opposite party informed the complainant that they did not send the cheque for collection and made the complainant to pay those instalments in cash. After that when the complainant verified his Bank Account. It is seen that cheque leafs in the month of June and July are already encashed. Double payment is occurred in the month of June & July and opposite party suggested to adjust those instalments to the next two months on 20-08-2011 the complainant sent a lawyer notice to the opposite party. Soon after receiving the same, opposite party issued a cheque of `5220/- to the complainant. Thus opposite party corrected their mistake as soon it is noticed by them. There was a discussion between both parties regarding the double payment and opposite party suggested to re-adjust those instalments to the next two months i.e, August and September. Thus both parties settled the matter then and there the complainant sent a lawyer notice. Thereafter expecting an unlawful gain complainant filed this complaint. In this case there is no question of mental agony as the term of agreement is not over and opposite party returned the amount as soon as complainant claimed it. We are of the view that there is no scope for allowing the complaint, while carefully perusing the materials on record.
Hence the complaint is dismissed with no order as to costs.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1. 20-08-2011 Copy of lawyer notice.
A2. Postal acknowledgement card.
A3. Statement of Accounts Federal Bank Ltd.
A4. Receipts issued by opposite parties (2 Nos)
A5. Statement of account.
B1. Photocopy of DD for an amount of Rs.5,220/-.
B2. 20-08-2011 copy of lawyer notice.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
SENIOR SUPERINTENDENT
Pj/
