DATE OF FILING : 18.5.2015
IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Dated this the 27th day of April, 2017
Present :
SRI. S. GOPAKUMAR PRESIDENT
SRI. BENNY. K. MEMBER
CC NO.166/2015
Between
Complainant : Shimith Augustine,
Karippakkudy House,
Karimkunnam P.O.,
Thodupuzha, Idukki.
(By Adv: K.M. Sanu)
And
Opposite Parties : 1. The Manager,
Shriram Transport Finance Co. Ltd.,
Kottayam – 1.
2. The Manager,
Shriram Transport Finance Co. Ltd.,
Muvattupuzha P.O.,
Ernakulam.
3. The Manager,
Shriram Transport Finance Co. Ltd.,
Kattappana P.O.,
Idukki.
O R D E R
SRI. S. GOPAKUMAR, PRESIDENT
Complainant is the registered owner of Toyota Innova car bearing Reg. No.KL-38-8467, which he had been plying for his livelihood. He had availed a loan of Rs.5,50,000/- from the opposite party in 2012 to be repaid in 48 monthly installments of Rs.16,789/- each. The vehicle met with an accident in 2012. After repair, the vehicle never retained the prior running condition and could not ply as a taxi vehicle and the vehicle was changed to private registration, after getting NOC from the opposite parties. Complainant had remitted Rs.369,763/- as loan amount and six installments are due. Installment amount have been collected by 2nd and 3rd opposite parties directly from complainant at his residence. Complainant is ready to pay the balance amount,
(cont....2)
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but opposite party is demanding a very high amount. Complainant had already paid insurance premium of Rs.28000/-. Complainant is ready to remit the due amount provided, opposite party should wave all other charges. Opposite party is also liable to compensate the deficiency in service from the opposite party.
Opposite parties, in the written version, admitted the loan availed by complainant for the vehicle No.KL-38-8467, but the details and remittance stated by the complainant are false. Out of the loan amount of Rs.806490/-, an amount of Rs.555011/- is loan advanced and Rs.251479/- is the interest. Complainant has paid only Rs.445363/- and Rs.447834/- is still pending. On 26.12.2013, a WCL of Rs.26209/- was sanctioned to complainant and interest for the same is Rs.3407/-. Opposite parties contend that they had never demanded any exorbitant amount, but only the amount which the complainant is legally bound to remit. If payment is not made within the stipulated time, opposite party is entitled to claim penal and overdue charges. The complainant is a chronic defaulter and opposite party had sustained heavy loss due to non payment of the loan amount. There is no deficiency in service from the part of opposite parties and hence the petition may be dismissed.
The point for consideration is whether there is any deficiency in service from the part of opposite parties and if so, for what relief the complainant is entitled to ?
Oral and documentary evidence adduced by complainant and Exts.P1 to P6 marked. No oral evidence adduced by opposite parties and Exts.R1 to R3 marked.
The POINT :- Complainant examined as PW1. Copy of RC Book is marked as Ext.P1. Ext.P2 is copy of repayment schedule. Ext.P3 is copy of NOC for charge of permit. Copies of payment receipts marked as Ext.P4(series). Ext.P5 is letter issued by opposite party. Ext.P6(series) are copy of medical report and discharge summary from MOSC Medical College, Kolencherry.
Opposite parties produced the loan cum hypothecation agreement and Ext.R1 is copy of the same. Ext.R2 is the copy of statement of account and insurance policy certificate copy is marked as Ext.R3.
(cont....3)
- 3 -
Complainant availed a loan of Rs.5,50,000/- for the purchase of the vehicle KL-38-8467, Toyota Innova car to ply as a vehicle. Unfortunately the vehicle met with an accident and the same was not in a position to ply as a taxi. Hence permit was changed as private car. Complainant found it difficult to repay the loan amount properly and opposite party is demanding a huge and exorbitant charge to close the loan.
Opposite parties admitted the loan and contend that complainant was a chronic defaulter and they are demanding the amount which they are legally entitled to. The learned counsel for the complainant submitted that they are ready to close the loan, if opposite party is ready to wave the penal and overdue charges. From Ext.P6(series), which is the medical report from MOSC Medical College, Kolenchery, reveals that the complainant is a heart patient and due to the heart problem, he could not remit the balance installments in time. We find, he is not a chronic defaulter. Moreover, opposite party has not produced any document regarding the penal and default charges from RBI or Government authority. Hence the Forum is of the considered view that opposite party is liable to close the loan account of the complainant, charging only the balance installment dues, without charging any default and penal charges and give sufficient time for repayment of the installment dues.
Hence the petition partially allowed. Opposite party is directed to settle the loan account of the complainant by accepting only the balance installments, without charging any penal and default charges for the defaulted period, from the complainant with six equal monthly installments.
Pronounced in the Open Forum on this the 27th day of April, 2017
Sd/-
SRI. S. GOPAKUMAR, PRESIDENT
Sd/-
SRI. BENNY. K. (MEMBER
(cont....3)
- 3 -
APPENDIX
Depositions :
On the side of the Complainant :
PW1 - Shimith Augustine.
On the side of the Opposite Party :
Nil.
Exhibits :
On the side of the Complainant :
Ext.P1 - Copy of RC Book.
Ext.P2 - copy of repayment schedule.
Ext.P3 - copy of NOC for charge of permit.
Ext.P4(series) - Copies of payment receipts.
Ext.P5 - letter issued by opposite party.
Ext.P6(series) - copy of medical report and discharge summary from MOSC
Medical College, Kolencherry.
On the side of the Opposite Party :
Ext.R1 - loan cum hypothecation agreement.
Ext.R2 - copy of statement of account.
Ext.R3 - insurance policy certificate.
/ Forwarded by Order /
SENIOR SUPERINTENDENT
