DATE OF FILING : 30.11.2010
BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Dated this the 31st day of March, 2011
Present:
SRI.LAIJU RAMAKRISHNAN PRESIDENT
SMT.SHEELA JACOB MEMBER
SMT.BINDU SOMAN MEMBER
C.C No.248/2010
Between
Complainant : Abdul Razak, S/O Abdul Kareem,
Block No.480,
Kallar P.O.
Thookkupalam, Idukki District.
(By Advs: Lissy M.M. &V.V. Sunny)
And
Opposite Party : The Manager,
SML Finance Ltd.,
Kattappana P.O.,
Vellayamkudi, Idukki District.
(By Adv: Gem Korason)
O R D E R
SMT. SHEELA JACOB (MEMBER)
This is a complaint alleging deficiency in service against the opposite party. The grievances of the complaint in brief are as follows.
The complainant availed a vehicle loan of Rs.1,27,081/- from the opposite party on 7.9.2007. The amount was repayable with interest in 36 instalments at the rate of Rs.4,736/- per month. As security, for repayment of the amount cheque leaves and other documents were entrusted to the opposite party. But the complainant could not remit the amount promptly and there was some defaults in payment of 2 instalments. He paid these instalments with interest. All the instalments were remitted in full by the complainant. When the complainant demanded back the blank cheques, R.C. Book, tax token and other document, the opposite party refused to return the same. A lawyer notice was issued on 16.8.2010 demanding the documents. But no reply was given by the opposite party. Alleging deficiency in service against the opposite party, the complaint has been filed for a direction to return the blank cheque, R.C. Book and other documents along with compensation to the tune of Rs.10,000/-.
2. In written version filed by the opposite party, it is contended that the complainant is not a consumer as per the provisions of the Consumer Protection Act and the dispute alleged is not a consumer dispute. The agreement between the complainant and the opposite party is a loan agreement and there is no locus standi to file a petition of this nature. The complainant was bound to clear the instalments without fail. If any default was committed by the complainant, he was liable to pay additional finance charges. The opposite party admitted that he has given financial assistance to the complainant's vehicle. The complainant is failed to remit the instalments in time. The complainant had only remitted 26 instalments. So additional finance charges and other damages accrued as on that date. Penal interest was realised only for delayed payments. The complainant was fully satisfied with the figures and the amount was closed accordingly. There was absolutely no negligence or deficiency in service on the part of the opposite party. The opposite party is not liable for any compensation.
3. The point for consideration is whether there was any deficiency in service on the part of the opposite party, and if so, for what relief the complainant is entitled to?
4. No oral evidence adduced by both the parties. Exts. P1 to P8 marked on the side of the complainant and Exts. R1 to R3 marked on the side of the opposite parties.
5. The POINT No.1 :- One of the contention raised by the opposite party is to challenge the maintainability. The transaction in question is a hire purchase agreement and such agreements are excluded from the purview of the Consumer Protection Act. There is no evidence on record to show that this was a hire purchase agreement. According to the complainant, this was a loan transaction repayable in instalments on the security of the vehicles. The documents itself is styled as loan agreement. So the contention regarding hire purchase etc. has no relevance at all. Therefore we find that the present petition is perfectly maintainable.
6. The POINT No.2 :- This is a case where the indulgence of this Forum was not absolutely necessary because there is no serious dispute with regard to the terms between the parties. It is admitted in the complainant itself that there was some delay in remitting the instalments. So he paid the amount with interest. The complainant had repaid the entire hire amount within the stipulated time. But the opposite party is refusing to issue the R.C. Book, blank cheque leaves, other documents entrusted as security. The complainant has produced Ext.P1, the copy of the R.C. Book. Ext.P2 is the copy of the driving licence. Ext.P3 is the copy of lawyer notice issued by the opposite party. Ext.P4 is the copy of the reply notice. Ext.P5 is the copy of the pass book. Ext.P6(series) are the copy of the DDs for the payment of instalments. Ext.P7 is the copy of the tax token. Ext.P8(series) are the original receipts issued by the opposite party. At the time of renewal of the permit of the vehicle, the complainant could not produce the original documents. So the complainant could not renew the permit. So the complainant is not plying the vehicle through the road and the vehicle kept idle, thereby incurring loss by way of hiring vehicle for his livelihood. Anyhow, the extent of loss sustained is not proved. It is probable that the complainant might have suffered some amount of financial loss. So he is legitimately entitled for compensation for the deficiency in service on the part of the opposite party, which in the circumstances would be limited to Rs.5,000/- and also directed to pay to the complainant Rs.1,000/- by way of cost of this complaint.
In the result, the opposite party is directed to return to the complainant, the blank cheques signed by the complainant and his wife, tax token and other documents. The opposite party is also directed to pay Rs.5,000/- as compensation and Rs.1,000/- as cost of this complaint within one month of receipt of a copy of this order failing which the amount shall carry 12% interest per annum from the date of default.
Pronounced in the Open Forum on this the 31st day of March, 2011
Sd/-
SMT. SHEELA JACOB (MEMBER)
Sd/-
I agree SRI.LAIJU RAMAKRISHNAN (PRESIDENT)
Sd/-
I agree SMT. BINDHU SOMAN (MEMBER)
APPENDIX
Depositions :
Nil.
Exhibits :
On the side of the Complainant :
Ext.P1 - Copy of the R.C. Book.
Ext.P2 - Copy of the driving licence.
Ext.P3 - Copy of lawyer notice issued by the opposite party.
Ext.P4 - Copy of the reply notice for the lawyer notice.
Ext.P5 - Copy of the pass book.
Ext.P6(series) - Copy of the DDs for the payment of instalments -17 numbers.
Ext.P7 - Copy of the tax token.
Ext.P8(series) - The receipts issued by the opposite party- 13 numbers.
On the side of the Opposite Party :
Ext.R1(series) - Motor Insurance Certificate cum Policy Schedule.
Ext.R2 - Certificate of Fitness for the vehicle and two cash receipts issued from
the Motor Vehicle Department.
Ext.R3 - Copy of the licence badge for transport vehicle.
