DATE OF FILING :18/08/17
IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Dated this the 30th day of August 2018
Present :
SRI. S. GOPAKUMAR PRESIDENT
SRI. BENNY. K. MEMBER
CC NO. 176/17
Between
Complainant : Jayan J.,
Nallathanni Estate,
Munnar,
Idukki District.
(By Adv: Lissy M.M.)
And
Opposite Party : The Manager,
Tata Motors Muvattupuzha,
Velloorkunnam.
O R D E R
SRI. S. GOPAKUMAR (PRESIDENT)
The case of the complainant is that,
Complainant availed a vehicle loan of Rs.5,21,700/- from opposite party financier, agreed to pay it with interest in 48 instalment @ Rs.11900/- per month. Due to the defects in the vehicle, complainant failed to repay the loan regularly till the date the complainant had remitted 36 instalments. Even if the complainant remitted the major share of the loan amount, the opposite party adjusted the repayment amount as interest and other penal charges. It is the hidden agenda of the opposite party to keep the loan account as a huge over due. The complainant further contented that on the basis of the loan over due, opposite party is preparing to take possession of the vehicle from the custody of the complainant. As a taxi driver the daily income of the family is getting from this vehicle. If it is taken by the opposite party, this will affect adversely to the complainant and his family. On getting this information complainant approached opposite party for remitting the balance instalments. But the opposite party demanded huge amount as interest. This demand of the opposite party is without any bonafides amounts to unfair trade practice. Alleging this against the opposite party, complainant filed this petition for getting the relief such as to direct the opposite party to settle the loan after
(Cont.....2)
-2-
charging 12% simple interest for the defaulted loan instalment and direct them to pay cost and compensation.
Upon notice opposite party entered appearance and filed detailed reply version. In their version opposite party contented that, the total loan amount payable by the complainant towards the loan account including interest is
Rs. 573168/-. Out of that he remitted only Rs.2,27,363/- till 25/04/08. Hence an amount of Rs.4,05,994/- is due in the instalments. Opposite party further contented that, in the loan agreement the complainant had undertaken to repay the loan without any deficiency and in case of any default, he is bound to pay the penal interest and other agreed charges. More over the opposite party has every right to demand the loan amount and also have the right to recover the loan amount through legal proceedings. Hence no deficiency in service is happened on the part of the opposite party as alleged in the complaint, and the complainant is liable to be dismissed.
Evidence adduced by the complainant by way of documents and marked it as Ext.P1 to Ext.P8. Ext.P1 is the service advance report dated 31/08/16, Ext.P2 is the tax invoice dated 20/07/16, Ext.P3 is the tax invoice dated 20/07/16, Ext.P4 is the tax invoice dated 25/07/16, Ext.P5 is the tax invoice dated 31/08/16, Ext.P6 is the tax invoice dated 26/11/16, Ext.P7 is the tax invoice dated 20/06/17, Ext.P8 is the tax invoice dated 11/04/17. No evidence is adduced by the opposite party either orally or documentarily.
Heard both sides,
The point that arose 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 ?
The Point:- We have considered the argument of both sides and gone through the evidence on record. It is an admitted fact that opposite party sanctioned a vehicle loan in favour of the complainant and complainant is remitted 12 instalment and other 36 instalment are due. From the exhibit produced by the complainant it is seen that the vehicle is showing recurring defect and almost all days, it is in the workshop. Complainant availed the above said loan for purchasing this vehicle for his livelihood. From the exhibit the complainant
(Cont.....3)
-3-
had convinced that, he failed to repay the monthly instalment in the loan, due to the recurring defect of the vehicle. Even-though the vehicle is defective, the complainant is bound to pay the loan instalment as per the loan agreement. But the opposite party is having no authority to charge exorbitant interest and other hidden charges from the complainant on the defaulted instalment. No statement of account is produced before the Forum to convince that what is the outstanding loan dues.
Hence on the basis of above discussion Forum directs the complainant to remit the defaulted loan instalment along with 12% simple interest, within 2 months from the date of receipt of the copy of this order. In case of remittance of the loan instalment as directed above by the complainant, opposite party is directed to re-schedule the future instalment of the loan as usual. The complainant shall approach the opposite party immediately after receiving the order and make the payment within the stipulated period. Otherwise the complainant will not get the benifit of this order.
Pronounced in the Open Forum on this the 30th day of August, 2018.
Sd/-
SRI. S. GOPAKUMAR (PRESIDENT)
Sd/-
SRI. BENNY. K. (MEMBER)
(Cont.....4)
-4-
APPENDIX
Depositions :
On the side of the Complainant :
Nil
On the side of the Opposite Party :
Nil
Exhibits :
On the side of the Complainant :
Ext.P1 - The service advance report dated 31/08/16
Ext.P2 - The tax invoice dated 20/07/16
Ext.P3 - The tax invoice dated 20/07/16
Ext.P4 - The tax invoice dated 25/07/16
Ext.P5 - The tax invoice dated 31/08/16
Ext.P6 - The tax invoice dated 26/11/16
Ext.P7 - The tax invoice dated 20/06/17
Ext.P8 - The tax invoice dated 11/04/17
On the side of the Opposite Party :
Nil.
Forwarded by Order,
SENIOR SUPERINTENDENT
