IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM,
DATED THIS THE 21st DAY OF JUNE,2013
Present: Smt.G.Vasanthakumari, President,
Adv.Ravisusha, Member
IA.NO.128/2013
IN
CC.NO.260/2012
Smt. Saraswathy, D/o Krishnan Kutty,
Arattukulathil Veedu,
Nellimukku, Kollam
(By Adv.Electron.A, Kollam) -Complainant
The Manager,
Sriram Transport Finance Company Ltd,
Gangothri Landmark,
Near Iron Bridge, Kollam
(By Adv. S.Renjith Kumar, Kollam)
- Opposite party
ORDER
Smt. G.Vasanthakumari, President.
This IA has been put in by the opposite party praying to hear the maintainability to the case as a preliminary issue as early as possible and dismiss the complaint with cost of the opposite parties alleging that this complaint is filed by the complainant for settlement of accounts and for other reliefs, that the complaint is not maintainable either in law or on facts, and is liable to be dismissed, that the complainant is not a consumer as defined u/S 2(d) of the Consumer Protection Act, that the complainant entered into an agreement with the opposite party company for the purchase of a vehicle for commercial purpose, that the
(2)
complainant herself admitted in Para No.3 of the complaint that the said vehicle was purchased for the purpose of using the same as a Taxi for her husband, so the complainant cannot claim the benefit of consumer Protection Act in order to redress her grievance if any , that this Forum has no jurisdiction to deal with settlment of accounts, that the complainant availed a loan from the opposite party company for the purchase of vehicle bearing No. KL-02/AF-9161, by executing an agreement in favour of the opposite party company, that as per the above
agreement the complainant agreed to repay the loan amount in monthly installment, but the complainant is irregular in repayment of amount and no timely payment was given by the complainant to the opposite party company, which is a serious breach of condition of the said agreement, that the opposite party company directed the complainant to clear the amount due to the company, but the complainant was evading payment on lame excuses, that now the opposite party company initiated arbitration proceedings against the complainant for the recovery of amount due to the company, that the relationship of the complainant and opposite parties is governed by written contract entered in between complainant and M/S . Shriram Transport Finance Co. Ltd, Kollam, that there are various terms and conditions embodied in the written contract, that the matter in issue is with respect to contractual obligation of both parties. So this forum has no jurisdiction to deal with contractual obligations of both parties to the contract and hence the complaint is liable to be dismissed on that ground.
Complainant has not filed objection eventhough ample opportunities given.
Heard
The only point that arises for consideration is:-
(3)
“Whether the IA is allowable or not ”
For the purpose of this IA marked Exts P1 & P2 and D1.
The point:-
According to the complainant, she purchased a TATA INDICA VISTA AQUA QJET by availing financial assistance from the opposite party for the purpose of using the same as taxi for her husband, that at
the time of purchasing the vehicle she had paid Rs.1,50,000/- and as per repayment schedule list she had to pay a total sum of Rs. 5,31,551/-, that she was paying the monthly instalments regularly, that there occurred some major mechanical defects to the vehicle and she was not able to remit the instalments in time, that in June 2012 when she approached the op to remit the instalments op refused to accept and directed to remit the entire amount with interest, that she requested to issue statement of accounts but op has not issued the same, that the denial of statement of accounts is deficiency in service and hence the complaint to direct the opposite party to produce true and correct statement of accounts showing the amount paid, rate of interest, penal interest if any charged and to restrain the opposite party from repossessing the vehicle till the true statement of account is produced before this Forum , to allow compensation of Rs. 50,000/- and to allow the cost of the complainant. Ext.D1 is the statement of account as on 31.08.2012 which shows that a sum of Rs.389717/- is due as on 31.08.2012. She has not produced even a scrap of paper to show that she demanded statement of accounts and op declined the same.
The contention of the opposite party is two fold. 1st contention is that the complainant is not a consumer as defined
(4)
U/s 2 (d) of the consumer Protection Act. The complainant entered into an agreement with the op on 22-12-2010 for the purchase of the vehicle for commercial purpose. She herself has admitted in para 3 of the complaint that the above vehicle was purchased for the purpose of using the same as a Taxi for her husband and so the complainant is not a consumer. 2nd contention is that this Forum has no jurisdiction to deal with settlement of accounts. Even according to the complainant she availed a loan from the op for the purchase of the vehicle for the purpose of using the same as a Taxi for her husband. The loan was availed by executing an agreement in favour of op. As per the agreement she has to repay the loan amount in monthly instalments. According to op since she defaulted they initiated arbitration proceedings and thereafter she filed this complaint raising false allegations. It is pertinent to note that the relationship between the parties is governed by a contract entered in to between them on 22-12-2010 and she has defaulted in payment without fulfilling her contractual obligation . For settlement accounts she has to approach civil court and in any view of the matter this complaint is not maintainable before this Forum.
In the result, the IA is allowed and the complaint is dismissed as not maintainable.
Dated this the 21st day of June 2013.
(5)
G.Vasanthakumari-Sd/-
Adv.Ravisusha-Sd/-
Forwarded by Order
Senior Superintendent
APPENDIX
Exbt.P1- Certificate of Registration
Ext.D1 is the statement of account
