Tamil Nadu

North Chennai

163/2011

R.Sivanesan - Complainant(s)

Versus

The Manager, World Wide Finance Ltd, - Opp.Party(s)

K.Sakthivel

21 Jun 2016

ORDER

                                                            Complaint presented on  :  12.09.2011

                                                                Order pronounced on  :  06.06.2016

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

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

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

MONDAY THE 06^th  DAY OF JUNE 2016

 

C.C.NO.163/2011

 

 

R.Sivanesan,

S/o.Late Shree. P.Ramasamy,

B-88, 6^th Street,

Periyar Nagar,

Chennai – 600 082.

                                                                                            ..... Complainant

 

..Vs..

	The Manager, World Wide Finance Ltd., No.99/148, Vepery High Road, Vepery,Chennai – 600 007.
	.....Opposite Party

Date of complaint                                  21.09.2011

Counsel for Complainant                      :M/s. K.Sakthivel

Counsel for Opposite party                     :P.Arumugam

 

 

 

 

 

 

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The Complainant purchased a Honda Aviator Scooter bearing registration No.TN-05-AA-3384 for a consideration of Rs.50,276/-. The Complainant paid initial payment of Rs.15,568/- and the balance amount was arranged and paid  by the Opposite Party by way of finance. The Complainant entered into finance agreement with the Opposite Party and agreed to pay a sum of Rs.2,011/- as EMI for 23 months  and he had also delivered the 23 post dated cheques to the Opposite Party on various dates. The Opposite Party also presented the cheque and encashed the cheques. After completion of payment the Complainant requested the Opposite Party to issue RC book of the vehicle. However, the Opposite Party wanted the Complainant to pay penalty amount for the cheque no.534226 dated 28.11.2009 which was dishonoured on 30.11.2009, even though the Opposite Party encashed the said cheque on 15.12.2009. The Complainant issued notice dated 06.06.2011 with a cheque dated 09.05.2011 for a sum of Rs.276/- being the penalty amount for the returned cheque. Even after receiving the said amount and notice the Opposite Party did not return the RC book and key. In the meantime the Complainant became ill and took treatment at Apollo Hospital. The Opposite Party issued a slip dated 08.08.2011 demanding the Complainant to pay sum of Rs.1,800/- in respect of late payments of 12 cheques at the rate of Rs.150/- per cheque and such demand of Rs.1,800/- is nothing but an unfair trade practice . The Complainant is an advocate by profession and he has paid all the amounts due to the Opposite Party and however the Opposite Party only failed to return the RC book and key as demanded by him. Hence the Complainant filed this Complaint to direct the Opposite Party to pay compensation with cost of the Complaint.

2. WRITTEN VERSION OF THE OPPOSITE PARTY IN BRIEF:

          The Complainant was not regular in the payment of EMI and the cheques were returned.  The payments are not paid within the due time.  The Complainant requested the Opposite Party to present after due dates and undertook to pay the penalty charges.  It is true that the Opposite Party said that if the penalty charges  for a sum of Rs.1,800/- is paid, the key and the RC book will be delivered within 15 days. The Complainant sent a cheque for Rs.276/- only for the returned  cheque and the penalty charges Rs.1,500/- for late payment were not paid and even today this Opposite Party is ready and willing to handed over the key and papers if the amount of Rs.1,500/- is paid by the Complainant.  Moreover the cheques bearing Nos.641184, 6411856 and 641187 deposited together in the month of August is due to the request made by the Complainant for depositing after due date and also agreed to pay penalty charges for the late payments. The Opposite Party practiced    unfair trade practice is denied. Hence the Opposite Party prays to dismiss the Complaint.

3. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite party?

          2. Whether the complainant is entitled to any relief? If it is so, to what  

              extent?

4. POINT NO: 1

          The admitted facts are that the Complainant purchased a Honda Aviator Scooter for a consideration of Rs.50,276/- with the financial assistance of the Opposite Party and the Complainant paid a sum of Rs.15,568/- towards initial payment and for the balance amount paid by the Opposite Party by way of finance, the Complainant agreed to the repay the amount by way of Rs.2,011/- as EMI for 23 months and accordingly the Complainant issued 23 post dated cheques on various dates  and through such cheques the EMI’s were also paid to the Opposite Party .

          5. The Complainant paid a sum of Rs.276/- being the penalty amount on the dishonoured cheque No.534226 and the said amount was also accepted by the Opposite Party. After payment of entire amount the Complainant demanded to return the RC book and key for the vehicle and however the Opposite Party refused to return the same by saying that he is still due to pay a sum of Rs.1,800/-  towards penalty for late payments in respect of 12 cheques  and such a demand  amounts to  incorrect and by refusing to return the RC book and key of the vehicle, the Opposite Party committed Deficiency in Service.

          6. The Opposite Party admitted in the written version that if the Complainant pays the amount of Rs.1500/- he is willing to hand over the keys and papers. The demand of penalty charges has to be proved by the Opposite Party. The Opposite Party stated that the Complainant requested to him to present the cheques after due dates and undertook to pay penalty charges to be levied by the Opposite Party. No proof filed by the Opposite Party to accept that the Complainant requested to present the cheques belatedly and gave undertaking to pay the penalty charges. In the absence of any such proof, it cannot be concluded that the Complainant requested the Opposite Party to present the cheque belatedly. Admittedly all the cheques issued by the Complainant to the Opposite Party towards EMI’s were enchased by the Opposite Party and for the one returned cheque a sum of Rs.276/- towards penalty also paid by the Complainant and therefore it is concluded that the Complainant has paid the entire amount to the Opposite Party and hence it is concluded that the Opposite Party committed Deficiency in Service by refusing to return the RC book and key.

7.POINT NO:2

          Since the Opposite Party has committed Deficiency in Service the Complainant suffered with mental agony is accepted and further he is also entitled for return of RC book and key from the Opposite Party for his vehicle. Therefore, it would be appropriate to order that the Opposite Party shall return the RC book and key in respect of the Complainant’s Honda Aviator Scooter bearing registration No.TN 05-AA-3384 and also to pay a compensation of Rs. 10,000/- besides a sum of Rs.5,000/- towards litigation expenses.

          In the result the Complaint is partly allowed. The Opposite Party is ordered to return the RC book and key of the Honda Aviator Scooter  bearing Registration No.TN 05-AA-3384  to  the Complainant and also  to pay a  sum of Rs. 10,000/- (Rupees ten thousand only)  towards compensation, besides a sum of Rs.5,000/- (Rupees five thousand only) towards litigation expenses. The above amount shall be paid to the Complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 06^th day of June 2016.

 

MEMBER – II                                                               PRESIDENT

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 03.03.2009	Proforma Invoice issued by K.P.N.Motors Periyar Nagar, Chennai – 82.
Ex.A2 dated 06.03.2009	Advance (Booking) Received Receipt by KPN
Ex.A3 dated 04.04.2009	KPN Motors new vehicle delivery receipt
Ex.A4 dated NIL	Indian Bank, Periyar Nagar Branch, cheques record slip letter
Ex.A5 dated 05.07.2010	Letter issued by the Complainant to Opposite Party
Ex.A6 dated 06.06.2011	Notice issued by the Complainant to Opposite Party
Ex.A7 dated 21.07.2011	Post Office – service Intimation, from Superintendent of police
Ex.A8 dated 11.05.2011	Indian Bank Statement of Account, Perambur Branch
Ex.A9 dated 08.08.2011	Info India (Slip)
Ex.A10 dated 08.08.2011	Apollo Hospital Reference
Ex.A11 dated 08.08.2011	Apollo Hospital – request for Investigation
Ex.A12 dated  08.08.2011	Prescription slip- issued by Dr.V.Mthukrishnan, Psychiatrist
Ex.A13 dated 08.08.2011	Fee receipt for Dr.V.Muthukrishnan
Ex.A14 dated 10.08.2011	Admission slip issued by Dr.V.Ravi Spine Surgeon, Appollo Hospital

 

LIST OF DOCUMENTS FILED BY THE OPPOSITE PARTY:

                                      ……NIL……

 

 

MEMBER – II                                                               PRESIDENT