By. Smt. Renimol Mathew, Member:
The complaint is filed under section 12 of the Consumer Protection Act against the opposite party to get an order directing the opposite party to regularize the monthly installments of his vehicle loan and not to seize the vehicle.
2. Brief of the complaint:- The complainant is the RC owner of the vehicle bearing No. KL 73 1485 Maximo Plus. On 26.09.2013 complainant has availed a vehicle loan of Rs.3,34,000/- from the opposite party. The total amount repayable by the complainant including interest was Rs.4,71,999/-, repayment was fixed as 47 monthly equated installments of Rs.10,150/- each. The duration of the loan period is 20.07.2013 to 20.07.2017. The complainant was very prompt in repayment upto 15.07.2016, but he was defaulted 4 installments due to mechanical defect of the vehicle. ON 16.08.2016 when the complainant approached the opposite party to remit the defaulted 4 installments, opposite party no received the due installments by demanding Rs.30,000/- as penal interest. Then this complainant demanded for statement of account and calculation statement, opposite party was not ready to furnish the details. Thereafter on 25.08.2016 and 26.08.2016 opposite party tried to seize the vehicle. Hence approached before this Forum alleging that opposite party is deficient in their service that the period for repayment of loan is up to 20.07.2017, and within this period opposite party is not entitled to seize the vehicle as charge penal interest.
3. On receipt of notice opposite party appeared and filed version. In the version opposite party admits that on 25.09.2013 the complainant has availed a loan of Rs.3,34,000/- from them and the agreement value of the loan is Rs.4,71,999/- and the number of installments were fixed as 47 of which the 1st installment was Rs.5,099/- and the remaining were Rs.10,150/- each. The terms and conditions of the transaction were reduced in to writing by an agreement dated 25.09.2013 with No.2799712 executed in between the complainant and the opposite party and the liability of the complainant towards the opposite party is contractual. As stipulated by the contract, any disputes arising in between the complainant and the opposite party with regard to the subject matter I sto be referred for arbitration and therefore the jurisdiction of this Hon'ble Forum is ousted and hence this Forum is unable to entertain the above matter. Again submitted that the complainant is plying the vehicle in question as taxi by using the same for commercial purpose and hence the complainant is not a consumer as stipulated by the enactment and for this reason also amount other reasons this Hon'ble Forum is lacking jurisdiction to entertain the matter. Opposite party further states that complainant availed loan on 25.09.2013 and he was a chronic defaulter in loan repayment. This opposite party has never demanded any penal interest from the complainant at any point of time and never refused to accept the repayment installments from the complainant and never denied the calculation statement and statement of account to the complainant. This opposite party never tried to seize the vehicle. The intimation regarding due in the loan account were properly intimated to the complainant several times by this opposite party without delay and they were always ready to receive the loan dues from the complainant. This opposite party submits that the complainant is liable to pay additional finance charges to this opposite party for the delayed repayments of loan and cheque return charges for dishonor of cheques, etc, as agreed upon by him vide agreement/contract dated 25.09.2013.This opposite party submits that an amount of Rs.22,840/- is still pending due from the complainant towards additional finance charges, Rs.60,900/- towards E.M.I pending,Rs.1,11,650/- as future E.M.I and Rs.2,501/- as cheque return charges as per statement of account dated 08.09.2016.
4. Opposite party further stated that they are legally entitled to recover the loan amount with additional finance charges from the complainant. This opposite party is also legally entitled to seize the vehicle in certain circumstances as the agreement executed between the complainant and the opposite party stipulate and justifies the same and there is no deficiency of service taken place on the part of opposite party as alleged by the complainant and prayed to dismiss the complaint with compensatory cost.
5. Complainant adduced evidence as PW1, Ext.A1 to A5 series documents were marked through PW1. Opposite party also filed proof affidavit and examined as OPW1, copy of Account Statement and Power of Attorney were marked as Ext.B2 and B3 respectively. Ext.B1 Loan Agreement was confronted and marked through the complainant.
6. On perusal of complaint, version, affidavit and documents the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite party?
2. Relief and Cost.
7. Point No.1:- Complainant availed a loan from opposite party, the total amount repayable by the complainant is Rs.4,71,999/- repayment was fixed as 47 monthly installments and the 1st installment amount was Rs.5,099/- and the remaining is Rs.10,150/- each. Ext.B1 Agreement is executed to that effect. Admittedly complainant defaulted some of the installments due to the mechanical defect of the vehicle. AS per the statement of account Ext.B2 as on 01.12.2016 an amount of Rs.91,350/- is still due and payable by the complainant towards due installments and an amount of Rs.29,167/- towards additional finance charge and Rs.2,501/- towards cheque return charges still due and pending.
8. Complainant argued that when he approached to opposite party in order to clear the loan dues, they were reluctant to receive the amount and demanded for huge additional. But at the time of filing this complaint complainant deposited Rs.40,000/- before this Forum.
9. On going through the evidences and records it is seen that even if complainant defaulted some monthly installments now he is ready to clear the loan dues, the complainant had already deposited Rs.40,000/- before this Forum. As per Ext.B1 Agreement opposite party has ample power to seize the vehicle and charge additional finance charges like interest and penal interest for delayed payment. Hence in this matter this complainant approached before the Forum informing his willingness to clear the loan dues. Hence in our view in order to keep good customer relationship opposite party is expected to show a lenient attitude towards the complainant, who is ready to make payment, as a consumer of opposite party complainant is entitled to get statement of Account and clear picture of his loan status. Point No.1 is found accordingly.
10. Point No.2:- Admittedly the complainant is a defaulter he is not entitled to get cost and compensation. Point No.2 is decided accordingly.
In the result, the complaint is partly allowed and opposite party is directed to accept the due installments of complainant's loan account and regularize the amount after giving 50% of waiver on Additional Finance Charges. Opposite party is also directed to release the amount deposited by the complainant before this Forum. No Order as to Cost and compensation.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 8th day of March 2017.
Date of Filing: 29.08.2016.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
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PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Shameena. Complainant.
Witness for the Opposite Party:-
OPW1. Adarsh. Assistant Manager, Legal, Mahindra and
Mahindra Financial Services.
Exhibits for the complainant:
A1. Copy of Registration Certificate.
A2. Copy of Certificate of Insurnace.
A3. Copy of Tax Licence.
A4. Copy of Finance Scheme given by opposite party.
A5(1) to A5(7). Receipts.
Exhibits for the opposite party:-
B1. Loan Agreement. Dt:25.09.2013.
B2. Copy of Statement of Account.
B3. Copy of Power of Attorney.
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PRESIDENT, CDRF, WAYANAD.
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