By Sri. Mohammed Musthafa Koothradan, Member
Facts of the complaint:-
1. Complainant is a R.C owner of the vehicle of KL. 11. Q 6068 Ashok Lyland stage carrier. Opposite Party is the financier of the vehicle. Opposite Party’s Hire Purchase has endorsed in the Registration Certificate of the vehicle No.K.L.11-Q 6068. The Complainant is operating the vehicle for his families livelihood. The Complainant has availed a loan of Rs.3,50,000/- from the opposite party. The Hire Purchase agreement date was on 29/5/2009. For this loan the complainant had given 20 signed blank cheque, signed blank white papers, signed stamp papers and signed executed loan agreement to this opposite party.
2. The complainant had paid seven installment in the rate of Rs.19,224/-. The total amount paid was Rs.1,34,568/- without any default. The original Registration Certificate of the vehicle is in the custody of opposite party. The original Registration Certificate did not give the opposite party even in the time of accident of the said vehicle. By these act of opposite party the complainant suffered much financial loss and mental agony. The opposite party was demanded additional hire charges, huge rate of interest. So the complainant decided to close the finance and he approached the opposite party for it. But opposite party demanded huge amount towards default interest, premature closing fine etc. Moreover opposite party threatened the complainant by saying seize the vehicle with the help of Goondas. The opposite party will file false case against the complainant using the cheque in their hands. Complainant is ready to close Hire Purchase Transaction of opposite party by paying the entire balance. But opposite party demanding Rs.4,56,000/- as closing figure. The complainant has informed the opposite party their readyness to pay the balance amount with reasonable rate of interest, but the opposite party is not ready to close the Hire Purchase and they says that they will not give No Objection Certificate, Hire Purchase termination letter. The Complainant is a customer of opposite party and the opposite party's unlawful demand of additional hire charges huge rate of interest, unreasonable amount of Rs.4,56,000/- to close the Hire Purchase and fine of premature closing loan of the vehicle by the opposite party is unfair and unreasonable. It is insufficiency of service provided by the opposite party to the Complainant. So the Complainant prays to direct the opposite party to allow the No Objection Certificate and the Hire Purchase Termination letter and cancel the Hire Purchase Termination of the vehicle with compensation of Rs.10,000/- with cost of Rs.10,000/-.
3. Opposite party filed version denying all allegations and averments in the complaint except those are expressly admitted in the version. Opposite party says that the complainant is not a consumer, so the compliant is not entitled to maintainable, because the vehicle operate by the complainant for the profit motive. Opposite party is admitting the loan as per agreement dated, 30.5.2009 and the loan amount was Rs.3,50,000/-. The Opposite party denied that the Complainant delivered 20 blank cheque, signed blank white paper, sighed stamp paper to the opposite party. Further denims that the amount of repayment by the Complainant. The opposite party collected original Registration Certificate from the Complainant was fals so hereby denied. Opposite party denied the statement of complainant that Opposite party asked huge rate of interest, additional hire charges, huge amount for default interest and premature closing fine etc. As per the terms and condition of the hire purchase agreement the complainant had to pay Rs.4,67,600/- out of this amount the complainant had paid Rs.1,39,621/- up to 28.6.2010., it shows that the complainant is acute defaulter of opposite party. If the complainant fails to remit the amount on the stipulated date the opposite party is entitled to claim over due compensation. A huge amount is due from the complainant as over due. It is mention in the hire purchase agreement and copy of agreement has given to the complainant. Further states that the complainant had to pay Rs.1,597/- as over due compensation, Rs.8,663/- as per closure penalty, Rs.14,884/- was the pending arrears and Rs.2,88,767/- as outstanding principal amount that means ODC+ARRS+POS+PCP is Rs.3,13,911/-. The opposite party states that the Complainant is trying to transfer the vehicle to some body without paying the amount due to the opposite party. The opposite party is ready and willing to make arrangement for section of Hire Purchase termination letter whenever the complainant paying the entire dues to the opposite party. So the opposite party prayed that the Honorable Forum may be pleased to uphold the contention of this opposite party and dismiss the complaint with the compensatory cost of this opposite party.
4. Evidence adduced in the side of complainant as affidavit and documents and Ext. A1 to A6 marked and opposite party filed counter affidavit and Ext.B1 to B3 marked. No oral evidence adduced in both sides.
5. The following points are considered in this matter.
(a) There is any deficiency of service in the side of opposite party?
(b) If so what is the order and cost?
Point (a):-
As-per the Ext.B1 loan amount was Rs.3,50,000/- and the interest rate was 11.20% per annum. The interest was calculated as flat rate. So as per Ext.B1 the principal amount with interest was Rs.4,67,600/-. The amount repay with 36 installments and duration of the loan was from 30.5.2009 to 05.05.2012. These things are admitted both sides. According to the complainant, he had paid an amount of Rs.1,34,568/- by seven installment amount of Rs.19,225/-. The Ext.A3 and A5 shows that the amount is Rs.19,225/-, but Ext.A4 bill shows an amount of Rs.38,500/-. The complainant produced three bills alone and the total bill amount is Rs.76,950/-. Out of these bills Ext.A4 shows an amount of Rs.38,500/-, it is more than the installment amount. It shows the complainant was not paying regularly the installment amount. It shows what are stated in the complaint were completely not correct. Moreover the complainant did not produce the bill to prove he had paid Rs.1,34,568/-. Same time Ext.B2 shows that including the documentation charges the opposite party had collected Rs.1,43,871/- from the complainant and the balance was Rs.3,93,983/- as on 28.6.2010. Ext.B3 shows the principal outstanding (POS) was Rs.2,88,767/-, over due charges (ODC) Rs.1,597/-, Pre-closure penalty (PCP) Rs.8,663/- and arrears Rs.14,884/- total Rs.3,13,911/-. The Ext.B3 as on 28.6.2010. The complainant filed this complaint on 08.4.2010. There is not much amount demanded by the opposite party. So there is no deficiency of service in the side of opposite party, because they demanded normal principal outstanding over due charges and pre-closure penalty. Moreover the Complainant fails to prove he had no default in his repayment.
Point (b):-
We cannot say there have any deficiency of service in the side of opposite party. So we dismiss the complaint without any cost.
8. In this result we dismiss the complaint, No order to cost.
Dated this 27th day of September, 2011.
Sd/- C.S. SULEKHA BEEVI, PRESIDENT
Sd/-
MOHAMMED MUSTAFA KOOTHRADAN, Sd/-
MEMBER E. AYISHAKUTTY, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : w Ext.A1
Ext.A1 : Photo copy of the Registration Certificate of vehicle No.KL11 Q6068
Ext.A2 : Repayment Schedule from opposite party to complainant.
Ext.A3 : Temporary receipt dated, 30-8-2008 from opposite party to complainant.
Ext.A4 : Temporary receipt dated, 26-12-2009 from opposite party to complainant.
Ext.A5 : Temporary receipt dated, 25-10-2010 from opposite party to complainant.
Ext.A6 : Complainant's Bank statement
Witness examined on the side of the opposite parties : Nil
Documents marked on the side of the opposite parties : Nil
Ext.B1 : Loan cum Hypothecation agreement (original)between OP and complainant
Ext.B2 : Payment and other details of agreement upto 31-12-2010
Ext.B3 : Ledger Extract as on 28-6-2010
Sd/- C.S. SULEKHA BEEVI, PRESIDENT
Sd/-
MOHAMMED MUSTAFA KOOTHRADAN, Sd/-
MEMBER E. AYISHAKUTTY, MEMBER
