DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD<br /> <br /> Dated this the 31st day of August, 2007.<br /> <br /> Present : Prof.O.Unnikrishnan, President in charge<br /> Smt.K.P.Suma, Member<br /> C.C.No.136/2006<br /> Radhakrishnan. M.V.<br /> S/o.Late Vasu Mannadiar<br /> S K V Nivas<br /> T.K. Thara, Koduvayur<br /> Palakkad - Complainant<br /> <br /> V/s<br /> <br /> The Manager<br /> UTI Bank A/c IFCL<br /> Integrated Finance Co Ltd.,<br /> 8/404, Chevidankavu House<br /> Kadamkode, Chittur Road<br /> Palakkad. - Opposite party <br /> <br /> O R D E R<br /> <br /> By Mrs.K.P.Suma, Member<br /> <br /> The complainant herein complaints that he has taken a vehicle loan for an amount of Rs,40,000/- for buying an Enfield Bullet Motor cycle having registration No. KL 3542 from UTI Bank. The Balance amount to be remitted as on 29.08.2006 was Rs.8,541/- and a sum of Rs.587/- towards penalty.<br /> <br /> The complainant submits that he had approached the opposite party on 29.08.2006 with the above said amount. The subordinate staff Sunil informed the complainant that he has to remit a sum of Rs.15,000/-0 as balance due. The opposite party disagreed to receive an amount of Rs.10,000/-, the amount <br /> - 2 -<br /> with the complainant at that time and the opposite party denied to return back complainant's registration book and other documents of the vehicle.<br /> <br /> The complainant in his allegation submits that he has tried to contact the opposite party over telephone to know the correct balance amount. But the opposite party ignored. Hence the complainant sent a registered letter to the opposite party to know the balance amount. But no reply has been received from the opposite party. Moreover during the year 2006 (23.08.06) the Bank has not accounted the complainant's last payment for an amount of Rs.2,500/-.<br /> <br /> The complainant further submits that the opposite party is intentionally keeping the RC Book and other documents of him illegally and also insulted him. This has caused mental agony and much sufferings.<br /> <br /> Hence the complainant prays before this Honourable forum to pass an amount of Rs.10,000/- towards the mental agony and to return back the RC book and other documents of his vehicle.<br /> <br /> After admitting the complaint notice was served to opposite party for appearance and filing version.<br /> <br /> The opposite party in his version submits that the complainant had taken a vehicle loan to purchase an Enfield Bullet on 10.10.2002 as per the hire purchase agreement between the complainant and opposite party. <br /> <br /> The opposite party further submits that the complainant is responsible to remit Rs.9,434/- plus incidental charges. The opposite party submits that he <br /> - 3 - <br /> has only taken the legal steps to collect the loan amount. Hence there was no deficiency in service as the complainant complaints.<br /> <br /> Hence the opposite party's pray before this Forum may be pleased to dismiss the complaint.<br /> <br /> Complainant filed proof affidavit. Ext. A1 to A4 were marked on the side of the complainant. <br /> <br /> Heard the parties. It is admitted by both parties that the complainant had availed a vehicle loan of Rs.40,000/- for buying a motor cycle on 10.10.2002.<br /> <br /> It is very clear from Exhibit A1 that the balance amount to be remitted as on 29.08.2006 was Rs.8,541/- and a sum of Rs.587/- towards penalty. Exhibit A2 is the cash receipt voucher of Rs.2500/- dated 28.03.2006 remitted by the complainant to the opposite party which is not seen accounted in Exhibit A1. The letter issued by the complainant which was marked as Exhibit A3 series is a request by the complainant to the opposite party to know what was the balance due to him. But no reply had been received from the opposite party .<br /> <br /> The opposite party in his version has averred that the complainant had entered into a hire purchase agreement with opposite party and the terms and conditions of the agreement is binding up on him. But the opposite party had failed to produce the said agreement before the forum. The opposite party had not produced any evidence before the forum to prove what was the balance due to the complainant.<br /> <br /> <br /> - 4 -<br /> The opposite party ought to have issued a reply to Exhibit A3 letter regarding the balance amount due to the complainant without doing so, they had committed clear deficiency of service on their part. The complainant is entitled to receive back the R C book and other documents of his vehicle by remitting the actual balance due to him. <br /> <br /> In the result the complaint is allowed. Hence we direct the opposite party to realize the balance amount due to him as on the date of complaint (i,e, 12.10.2006) and to return the R C book and other documents within one month from the date of communication of this order. The opposite party shall pay Rs.500/- to the complainant as cost of this proceeding. The complaint is partly allowed with costs.<br /> <br /> Pronounced in the open court on this the 31st day of August, 2007 <br /> President in charge (Sd)<br /> <br /> Member (Sd)<br /> APPENDIX<br /> Exhibits marked on the side of the complainant<br /> Ext.A1 – Statement of Accounts<br /> Ext.A2 – Cash receipt vouchers of Rs.2500/- dated 28.03.2006 <br /> Ext.A3 - Copy of the letter issued by complainant along with post receipt &<br /> acknowledgment<br /> Ext.A4 series – Receipts of payment.<br /> Exhibits marked on the side of the opposite party <br /> Nil<br /> Costs (Allowed)<br /> Rs.500/- (Rupees Five hundred only) allowed as costs to the complainant <br /> <br /> Forwarded/By Order,<br /> <br /> Sd/-<br /> Senior Superintendent