DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
Palakkad, Kerala
Dated this the 24th day of November, 2011
Present : Smt.Seena.H. President
: Smt.Preetha G Nair, Member
: Smt.Bhanumathi A.K, Member Date of filing: 03/06/2011
CC / 78 / 2011
Rajan. M .Menon,
S/o. K. Vidhyasagaran,
Safe line Electrical Engineers Kerala, - Complainant
No.15, Mini Industrial Estate,
Kalmandapam, Palakkad
(By Adv. Rajesh. M)
Vs
1. The Manger,
Tata Motors Finance Limited,
Sree Hari Complex,
Aswini Junction,
DNM Road,
Trichur- 680 020
2. The Managing Director,
Tata Motors Finance Limited,
C-33 Ramakrishna Metal Works,
Road Number 28, - Opposite parties
Opp. Iti, Near Maruthi Service Center,
Wagle Industrial Estate,
Thane, Mumbai- 400 604
(By Adv. Unnikrishnan)
3. The Manager,
R.F Motors (P) Ltd,
V.H Road,
Palakkad- 678 001
O R D E R
BY SMT. BHANUMATHI. A. K, MEMBER
The case of the complainant:
The complainant has purchased one Safari EX Model Tata Passenger vehicle for his own use having registration number KL-09-V-700 and chasis No. 403071csz No. 5011, from 3rd opposite party and finance is arranged from 2nd opposite party through 1st opposite party under 2nd opposite party.
The complainant availed a loan for Rs. 5,50,000/-. The total finance charges stipulated as per the agreement between the complainant and opposite parties is Rs. 1,31,840/-. The term of instalments towards repayment is stipulated as 36 months. The maturity date stipulated is 2/3/2010. Even after repeated demands the opposite parties are not ready to hand over the details of accounts and related papers of the vehicle to the complainant. The opposite parties collected an excess amount of Rs. 19,325/- from the complainant towards the agreed repayment amount and demanding a further amount of Rs. 18,221.80. The complainant issued a lawyer notice to the opposite parties. 1st and 2nd opposite parties admitting that they are with holding the R.C book and the related documents of the vehicle.
The above mentioned acts of opposite parties amounts to deficiency in service on their part. So the complainant seeking an order directing the opposite parties to return back the excess collection of Rs. 19,325/- to the complainant along with the compensation of Rs. 15,000/- and cost of the proceedings. And hand over the R.C book and related documents of the vehicle KL-09-V-700 and duplicate key to the complainant along with NOC.
1st and 2nd opposite parties entered appearance and filed their version. 3rd opposite party was set exparte.
Opposite parties deny all the contentions raised by the complainant. Opposite parties say that complainant has been a chronic defaulter of the instalments. The complainant had defaulted in repayments within the prescribed time of several instalments. The details as mentioned in the repayment history clearly shows that the complainant failed to repay the loan instalments within the stipulated time and also faulted in making full payments of the amount as agreed under the contract. As per the repayment history the complainant has defaulted in payments of the instalment No. 6,7,11,12, 13,17 and 19. Further the complainant has made part payments for the instalment No. 10, 21 and 24. Apart from defaulted and part payments the complainant has made delayed payments for the instalment No. 8,9,14,16,18,20,22 and 36. The late payments and part payments by the complainant have resulted in addition of the delayed payments charges or accrued overdue charges along with remaining balance towards the instalments. Opposite parties say that the cheques issued by the complainant towards the repayment of the loan have been regularly dishonoured due to insufficient funds maintained in the bank account by the complainant. 15 cheques bearing No. 259428 – 259430 and 259433 to 259444 have been dishonoured by the banker of the complainant due to insufficient funds. The dishonour of cheques have contributed to the bank charges of Rs. 6,000/- levied by the banker and paid by the opposite parties. On 9/7/2011 opposite parties have incurred an amount of Rs. 10,806/- towards the expenses such as stamping charges, bank charges, retainer charges, legal expenses etc. The complainant failed to conform to the terms and conditions of the said agreement and the complainant is liable to be dismissed with cost of the opposite parties.
Complainant filed proof affidavit and Ext. A1 to A7 marked. Opposite parties have not filed any affidavit.
Complaint is regarding the deficiency of service on the part of opposite parties in collecting excess amount towards the loan instalment. The complainant has purchased one Safari EX Model Tata passenger vehicle having registration No. KL-09-V-700 from 3rd opposite party. The complainant availed a loan for Rs. 5,50,000/- from 2nd opposite party through 1st opposite party. As per the agreement the total finance charges has been stipulated as 1,31,840/-. The loan amount has to be repaid within 36 months. The maturity date stipulated is 2/3/2010. The opposite parties have collected an excess amount of Rs. 19,325/- from the complainant towards the repayment amount and demanding a further amount of Rs. 18,221.80. Even after the repeated demands opposite parties are not ready to hand over the details of accounts and related papers of the vehicle to the complainant.
Opposite parties admits that the complainant has already paid the complete amount. But the complainant has made delayed and part payments. All these resulted in overdue charges along with remaining balance towards the instalments. Many post dated cheques deposited by complainant have been dishonoured due to insufficient of funds in the bank account of the complainant. Dishonour of the cheques have contributed to the bank charges of Rs. 6,000/- levied by the banker and paid by the opposite parties. All these contentions are not supported by any documents.
Complainant says that even after the repeated documents the opposite parties are not ready to give the account statement or hand over the R.C book, related documents to the vehicle and duplicate key. Case of the complainant is that the opposite parties collected an excess amount of 19,325/- from the complainant. Opposite parties submits that there is a due of Rs. 18,276.18. But no documents is produced to verify the same. In the absence of any contra evidence the contentions of the complainant stand unchallenged.
From the above discussions we are of the view that there is deficiency in service on the part of opposite parties.
In the result complaint allowed. Opposite parties are jointly and severally directed to return the amount of Rs. 19,325/- along with 5,000/- as compensation and Rs. 1,000/- as cost of the proceedings.
Opposite parties are also directed to hand over the R.C Book, NOC, related documents and duplicate key of the vehicle KL-09-V-700 to the complainant, failing which opposite parties are liable to pay an additional amount of Rs. 5,000/- to the complainant.
Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest per annum for the whole amount from the date of receipt of order till realization.
Pronounced in the open court on this the 24th day of November, 2011
Sd/-
Smt. Seena. H
President
Sd/-
Smt. Preetha. G. Nair
Member
Sd/-
Smt. Bhanumathi. A. K
Member
