Tamil Nadu

South Chennai

261/2010

D.Vasanth - Complainant(s)

Versus

The Manager, Sriram City Union Finance Ltd., & others - Opp.Party(s)

K.Natarajan

12 Sep 2017

ORDER

                                                                        Date of Filing :   22.06.2010

                                                                        Date of Order :   12.09.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

C.C.NO.261/2010

TUESDAY THIS  12^TH   DAY OF SEPTEMBER 2017

 

D. Vasanth S/o. Dhanasingh,

No.7/10, 1^st Street,

Dr. Ambathkar Nagar,

Ernavoor, Chennai 600 057.                       .. Complainant

                                        ..Vs..

 

1. The Manager,

Sriram City Union Finance Limited,

Admin Office: 221 Royapettah High Road,

Mylapore,

Chennai 600 004.

 

2. P. Jayanathan (Receiver),

Sriram City Union Finance Limited,

Admin Office: 221, Royapettah High Road,

Mylapore, Chennai 600 004.

 

3. Sriram City Union Finance Limited,

18/21, Kamarajar Salai,

Ashok Nagar, Chennai 600 083.

 

4. The Manager,

Eswari Motors,

5,  I Main Road,

Kasturibai Nagar,

Adyar, Chennai 600 020.                           .. Opposite parties.

 

 

Counsel for Complainant                  :    M/s. K. Natarajan & others.  

Counsel for opposite parties 1 to 3   :    M/s. K.V.Ananthakrushanan &

                                                          others   

Counsel for opposite party-4           :    Mrs. V.Gowri.

ORDER

THIRU. M. MONY, PRESIDENT

          This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act 1986 seeking direction to furnish the complainant vehicle original /Duplicate R.C. book and Insurance policy and also to pay a sum of Rs.50,000/- as compensation for damages and to pay a sum of Rs.10,000/- for mental agony to the complainant.

 1. The averment of the complaint in brief are as follows:

         The complainant submits that he approached the 1^st opposite party to purchase a new vehicle Flyte (Scoote Pette) under loan agreement for a sum of Rs.44000/-.   Further the complainant state that he has to pay a sum of Rs.2,218/- towards EMI from 7.10.2009 to 7.5.2011.  After purchasing the vehicle the opposite parties have not given the vehicle records like R.C. book, insurance copy.   Complainant contacted through phone to the 4^th opposite party to furnish his R.C book and Insurance policy.   Wherein 1^st installment of due which was cleared on 23.10.2009 in Cheque No.0370467.   The said date of installment is on 7^th every month but 1^st and 3^rd opposite party willfully and wantonly presented his cheque after stipulated due date of 23.10.2009 instead of 7^th .   If the cheque is bounced so, 1^st and 3^rd opposite party sent 2^nd opposite party collection agent to him collected the due amount Rs.2,218/- of every each cheque bounced.   As such the complainant sent a legal notice to the opposite parties. The opposite parties have not furnished his R.C. Book and insurance policy.   As such the act of the opposite parties clearly amounts to gross deficiency in service and thereby caused harassment, mental agony  and hardship to the complainant.  Hence the complaint is filed.

2. The brief averments in Written Version of  the opposite parties 1 to 3     are as follows:

        The opposite parties denies each and every allegation except those that are specifically admitted herein.   The opposite parties state that the complainant approached the 1^st opposite party and availed consumer loan for the purchase of Two wheeler Scooty vehicle.  As per the terms of the loan agreement, the first opposite party granted loan of Rs.44,000/- repayable with interest at 10.49% in EMI of Rs.2218/- from 7.10.2009 to 7.5.2011.   The opposite parties also state that the 1^st opposite party sanctioned the loan and issued a cheque for Rs.33,378/- on ING Vysya Bank Cheque NO.551027, dated 12.9.2009 in favour of the 4^th opposite party.  Vehilce was taken delivery by the complainant on 7.10.2009.  Insurance policy and RC book are retained by the 1^st opposite party with the Hire purchase endorsement in the RC Book.  The complainant  is provided with Xerox copy of the same to run the vehicle.  The complainant is called upon to furnish the total KMs run by the vehicle.   It is false to allege that Xerox copy of RC book and Insurance policy was not given to the complainant.   The original will be returned at the time of discharge of the loan liability.    The opposite parties  further state that the complainant took delivery of the vehicle on 7.10.2009.  Without the Xerox copy of the RC book and insurance policy, he could not  drive the vehicle.  He defaulted in payment of installment.  On receipt of the default notice 11.12.2009 the complainant  issued legal notice and filed the complaint on 22.6.2010. As on date a sum of Rs.5586/- is due towards arrears, bank charges  of Rs.15,526/- towards future installment and in all Rs.23,498/- is due and payable by the complainant.      Hence there is no deficiency in service on the part of the opposite party and therefore this complaint is liable to be dismissed.

 

3. The brief averments in Written Version of  the opposite party-4 are as follows:

The opposite party denies each and every allegation except those that are specifically admitted herein.  The opposite party submit that they did not possess the R.C. book and insurance policy and the same was with the 4^th opposite party is a false averment.  It is stated that the RC book and insurance policy was handed over to the 1^st opposite party who had financed the vehicle.   Hence there is no negligence or deficiency of service on the part of the opposite party  and therefore the  complaint is liable to be dismissed.

4. In order to prove the averments of the complaint, the complainant have filed proof affidavit as his evidence and documents Ex.A1 to Ex.A23 marked.  Proof affidavit of opposite parties filed and Ex.B1 to Ex.B7  marked on the side of the opposite parties.  

5.   The points for the consideration is:  

1. Whether the complainant is entitled to have the original/ 
     duplicate RC book and insurance policy as prayed for ?

 

2. Whether the complainant is entitled to a sum of

Rs.50,000/- towards damages and sum of Rs.10,000/-

towards mental agony with cost as prayed for ?

 

6. POINTS 1 & 2:

Heard both sides.Perused the records.Admittedly the complainant purchased a new vehicle Flyte (Scoote pette) availing a loan of Rs.44,000/- from the opposite party.The complainant has to pay a sum of Rs.2,218/- towards EMI from 7.10.2009 to 7.5.2011.After purchasing the vehicle the opposite party have not given the vehicle records like R.C. book, Insurance copy. Without the original records it is very difficult to ply the vehicle on road.Hence the complainant issued a legal notice and filed this case.Further the contention of the complainant is that the allegation of cheque bounced and recovery of penalty of Rs.500/- by the opposite party is only because of presentation of cheque without dueconcurrence from the complainant.But it is not denied that the complainant has not paid the entire amount and cleared the loan.Without clearing the loan as per the hypothecation agreementthe complainant is not entitled the original vehicle records, like RC book, Insurance policy.Similarly the complainant has not explained hardship caused due to the non availability of original RC book and Insurance policy.

7.  

        In the result the complaint is allowed in part.    The opposite parties are directed to return the original records namely R.C. book and Insurance policy of the complaint mentioned vehicle to the complainant on payment of Rs.8,265/- by the complainant.  No cost.

  Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the  12^th   day  of  September 2017.  

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

 

Complainants” side documents:

Ex.A1- 9.9.2009    - Copy of Receipt.

Ex.A2- 23.9.2009  - Copy of receipt.

Ex.A3- 7.10.2009  - Copy of delivery note

Ex.A4- 2.12.2009  - Copy  of temporary receipt.

Ex.A5- 11.12.2000         - Copy of demand notice.

Ex.A6- 14.2.2009  - Copy of statement of account.

Ex.A7- 12.1.2010  - Copy of legal notice.

Ex.A8-         -       - Copy of Ack. card.

Ex.A9-         -       - Copy of Ack. Card.

Ex.A10- 18.1.2010         - Copy of Ack. Card.

Ex.A11- 15.1.2010         - Copy of Ack. Card.

Ex.A12- 1.10.2009                   - Copy of HDFC Bank Statement.

Ex.A13- 15.12.2009       - Copy of HDFC Bank Statement.

Ex.A14- 13.3.2010                   - Copy of HDFC Bank Statement.

Ex.A15- 15.6.2010         - Copy of HDFC Bank Statement.

Ex.A16- 15.9.2011                   - Copy of HDFC Bank Statement.

Ex.A17- 15.3.2011                   - Copy of HDFC Bank Statement.

Ex.A18- 2.12.2009                   - Copy of Sriram City Union Cash bills.

Ex.A19- 6.1.2010           - Copy of Sriram City Union Cash bills.

Ex.A20- 15.12.2010       - Copy of Sriram City Union Cash bills.

Ex.A21- 26.3.2010                   - Copy of Sriram City Union Cash bills.

Ex.A22- 27.1.2011                   - Copy of Sriram City Union Cash bills.

 

 

Opposite parties’ side document: -    

Ex.B1- 7.10.2009           - Copy of RC Book.

Ex.B2- 15.9.2009           - Copy of Insurance Policy.

Ex.B3- 7.12.2009           - Copy of Returned Cheque.

Ex.B4- 7.1.2010             - Copy of Returned Cheque.

Ex.B5- 7.3.2010             - Copy of Returned cheque.

Ex.B6- 7.1.2011             - Copy of returned cheque.

Ex.B7- 28.3.2011           - Copy of returned cheque.

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.