Date of filing : 28.08.2019
Date of order : 10.11.2022
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, VELLORE
PRESENT: THIRU. A. MEENAKSHI SUNDARAM, B.A., B.L. PRESIDENT
THIRU. R. ASGHAR KHAN, B.Sc., B.L. MEMBER – I
SELVI. I. MARIAN RAJAM ANUGRAHA, M.B.A., MEMBER-II
THURSDAY THE 10th DAY OF NOVEMBER 2022
CONSUMER COMPLAINT NO. 1/2020
A. Abdul Hafeez,
S/o. Abdul Kader,
No.32,50 Mosque Street,
Arakkonam Town and Taluk,
Vellore District. …Complainant
-Vs-
1. The Manager, Incharge – Arakkonam
M/s. IndusInd bank Limited,
Vehicle Loan Department, J.N. Road,
Taluk Office,
Thiruvallur – 602 001.
2. The Regional Manager – Loan
M/s. Industrial Bank Limited,
New No.34, Old No.115/116, G.N. Chetty Road,
T. Nagar, Chennai – 17.
3. The Senior Vice President,
M/s. Industrial Bank Limited,
701/801, Solitaire Corporate Park,
167, Guru Hargovindji Marg,
Andheri Ghatkopar Link Road,
Chakala Andheri East,
Mumbai – 400 093. …Opposite parties
Counsel for complainant : Thiru. M. Balasubramaniam
Opposite parties 1 to 3 : Set exparte on 13.06.2022
ORDER
THIRU. R. ASGHAR KHAN, B.Sc., B.L. MEMBER – I
This complaint has been filed under section 12 of Consumer Protection Act 1986. The complainant has prayed this Hon’ble Commission, to direct the opposite parties to process the clearance certificate (hypothecation) and to return the Registration of Book and to pay a sum of Rs.19,00,000/- towards the deficiency in service and unfair trade practice and also to pay a sum of Rs.75,000/- towards compensation for the mental agony and hardship and strain suffered by the complainant.
1. The Case of the complaint is briefly as follows:
The complainant purchased a Two wheeler for his own purpose, for which he availed a loan from the opposite party herein. The complainant and the opposite party entered into an agreement on 27.02.2016 and the Co-borrower is one Mr. Shajahan. The said two wheeler was registered has TN73T4537 before the RTO office at Arakkonam. He paid a sum of Rs.13,900/- as margin money. The first opposite party bank gave a loan of Rs.47,000/- and interest for the same is Rs.13,168/-. The total period for repayment of loan was 24 months from in the date of the agreement. The monthly EMI was Rs.2,507/-. The first opposite party bank official have received a sum of Rs.2,507/- on 18.02.2016 by cash in advance through collection agent without any monthly statement from the first opposite party bank. The first instalment was received by cash on 18.02.2016 before the loan was credited. From 18.02.2016, the complainant had paid entire dues through the collection agent of the first opposite party. There was no due to the first opposite party with regard to the loan availed by the complainant for purchase of the two-wheeler. The complainant visited the opposite party bank to know as to whether his loan account was closed or not and for clearance of cancellation for hypothecation and registration of the certificates. But the opposite party informed to the complainant that there was a due of Rs.9,708/- towards the cheque bounce charges and other surcharges, the complainant got mental agony illness due to the balance due amount of Rs.9,708/-. Further the officials of the opposite party threatened to the complainant, according to the complainant he had paid entire amount due to the bank, but the first opposite party official acting illegally and asking for Rs.9,708/- over and above the loan amount. In fact, the first opposite party bank official has never turned up to produce clearance of hypothecation and registration certificate of the complainant. Hence, he suffered lot due to the negligence and deficiency in service of the first opposite party. The first opposite party bank has not complied as per the Reserve Bank of India notification and have no right to ask any due amount from the complainant. Since, the opposite party did not handed over the RC book and not cancelled the hypothecation, despite payment of loan, the complainant issued a legal notice on 24.03.2019 to cancelled the hypothecation and to handed over the RC book to the opposite party bank. Though the opposite party received the notice, they did not give reply and not complied with the complainant notice. Therefore, he suffered mental agony and loss. Hence the complainant filed this complaint before this Hon’ble Commission directing the opposite party to cancel the hypothecation endorsement and to return the RC Book and also to pay Rs.19,00,000/- towards the deficiency in service and unfair trade practice.
2. On receipt of the complaint this Hon’ble commission issued notice to the opposite party. But all three opposite parties though received the notice but they did not appear before this Honb’le Commission. Opposite parties 1 to 3 called absent set exparte.
3. Proof affidavit of complainant filed. Ex.A1 to Ex.A6 were marked. Written argument filed and also oral argument heard. Opposite parties set exparte.
4. The Points that arises for consideration are:
1. Whether there is any deficiency in service on the part of the opposite
parties?
2. Whether the complainant is entitled for relief as claimed in the complaint?
3. To what relief, the complainant is entitled to?
5. POINT NOS.1 & 2:
The complainant purchased a Two wheeler for his own purpose for which he availed a loan from the opposite party herein. The complainant and the opposite party entered into an agreement on 27.02.2016, the Co-borrower is one Mr. Shajahan, the two wheeler was registered has vide No.TN73T4537 before the RTO office at Arakkonam he paid a sum of Rs.13,900/- as a margin money. The first opposite party bank gave a loan of Rs.47,000/- and interest for the same is Rs.13,168/- the total period of loan of 24 months from the date of the agreement. The monthly EMI was Rs.2,507/-. The first opposite party bank official have received a sum of Rs.2,507/- on 18.02.2016 by cash in advance through collection agent without any monthly statement from the first opposite party bank. The first instalment was received by cash on 18.02.2016 before the loan was credited. From 18.02.2016, the complainant had paid entire dues through the collection agent of the first opposite party. There was no due to the first opposite party with regard to the loan availed by the complainant for purchase of the two-wheeler. The complainant visited the opposite party bank to know as to whether his loan account was closed or not and for clearance of cancellation for hypothecation and registration of the certificates. But the opposite party informed to the complainant that there was a due of Rs.9,708/- towards the cheque bounce charges and other surcharges. The complainant got illness due to the balance of Rs.9,708/-. Further the official of the opposite party threatened to the complainant, according to the complainant he has paid entire amount due to the bank, but the first opposite party official acting illegally and asking for Rs.9,708/- over and above the loan amount. In fact, the first opposite party bank officials has never turned up so far to produce clearance of hypothecation and registration certificate of book and the complainant suffered lot due to the negligence and deficiency in service of the first opposite party. The first opposite party bank has not complied as per the Reserve Bank of India’s notification and you have no right to ask any due amount from the complainant. Since, the opposite party did not handed over the RC book and cancelled the hypothecation despite payment of loan, the complainant issued a legal notice on 24.03.2019 to cancelled the hypothecation and to handed over the RC book to the opposite party bank, but, though the opposite party received the notice to failed to give reply and complied with the complainant notice. Therefore, the complainant filed this complaint before this Hon’ble Commission directing the opposite party to cancel the hypothecation endorsement and to return the RC Book and also to pay Rs.19,00,000/- towards the deficiency in service and unfair trade practice. On receipt of the complaint this Hon’ble commission issued notice to the opposite party. But all three opposite parties though received the notice but they failed to appeared before this Honb’le Commission to file their written version to contradict the complainant’s claim.
6. Hence, this commission have no other option except passing the exparte order against the opposite parties. Therefore, we have no other option other than accepting the contention of the complainant that there is a deficiency in service on the part of the opposite parties. Hence, these Point Nos.1 and 2 are decided in favour of the complainant.
7.POINT NO. 3:
As we have decided in Point Nos.1 and 2 that there is a deficiency in service on the part of the opposite parties. The opposite parties are jointly or severally directed to issue “No due certificate” and to return the original RC book after cancelling the hypothecation endorsement from the RTO and to pay a sum of Rs.50,000/- (Rupees Fifty Thousand only) by way of compensation and also to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) towards cost to the complainant. Hence, this Point No.3 is also answered accordingly.
In the result, this complaint is partly allowed. The opposite parties are jointly or severally directed to issue “No due certificate” and to return the original RC book after cancelling the hypothecation endorsement from the RTO and to pay a sum of Rs.50,000/- (Rupees Fifty Thousand only) by way of compensation and also to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) towards cost to the complainant, within one month from the date of receipt of this order, failing which the above amounts shall carry interest at the rate of 9% per annum from the date of this order to till the date of realization.
Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us in the open Commission on this the 10th November 2022.
Sd/- Sd/- Sd/-
MEMBER-I MEMBER – II PRESIDENT
LIST OF COMPLAIANNT SIDE DOCUMENTS:
Ex.A1 - Copy of Instalments receipts No. 23 out of 24
Ex.A2-21.03.2019 - Copy of Statement of loan account
Ex.A3-24.03.2019 - Copy of Notice to the opposite parties
Ex.A4-26.03.2019 – Copy of Acknowledgement card of second opposite party
Ex.A5-28.03.2019 - Copy of Online tracking acknowledgement card of
third opposite party
Ex.A6-26.03.2019 - Copy of Online tracking acknowledgement card of
first opposite party
LIST OF OPPOSITE PARTIES SIDES DOCUMENTS: -NIL-
Sd/- Sd/- Sd/-
MEMBER –I MEMBER-II PRESIDENT
