DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
Palakkad, Kerala
Dated this the 31st day of October, 2011
Present: Smt. Seena. H, President
: Smt. Preetha. G. Nair, Member
: Smt. Bhanumathi A.K, Member
Date of filing: 26/08/2011
CC/143/2011
Sunitha,
W/o Sivadasan, 751(22/78),
Kunnathurmedu (po), - Complainant
Palakkad- 678 013
(By Advs. Redson Skaria & Abdu Sameeh)
Vs
1. The Manager,
M/s Nirmala Sethiya, Financier,
Chandrappa Street, Sowcarpet,
Chennai- 600 079 - Opposite parties
2. P.K. Ibrahim Padhusha,
Aiswarya Autos, Noorani Junction,
Palakkad
Residing address
P.K. Ibrahim, S/o Hamsa,
Padinjarekkera, Lakkidi,
Ottappalam, Palakkad
O R D E R
By Smt. Preetha. G. Nair
The complainant wanted to purchase a TVS Scooty Pep Plus for her family. The approximate price of the Scooty was 38,000/- during the beginning of the year 2010. The complainant along with her husband went to the office of the 2nd opposite party for enquiring about the kind of business doing by the 2nd opposite party. Then the 2nd opposite party convinced that he is an agent of 1st opposite party who is an auto consultant and financier for vehicles. The 2nd opposite party promised the complainant that he will render financial service for purchasing the vehicle for and on behalf of the 1st opposite party. Thereafter on 10/02/2010, the 2nd opposite party came to the house of the complainant with an agreement paper in printed form as an agent of 1st opposite party and claimed an amount of Rs.21,000/- and two signed blank cheques . Complainant was forced to give the amount and two signed blank cheques to 2nd opposite party at the time of signing the agreement. No receipt was given to the complainant towards acceptance of the amount as the 2nd opposite party had stated that he had forgotten to take the receipt form. The complainant signed the agreement as a parte and her husband signed the agreement as a guarantor. No copy of the signed agreement was given to the complainant. According to the 2nd opposite party the two signed blank cheques bearing numbers 055402 and 055403 given to 2nd opposite party in favour of 1st opposite party from the account number 10620142174 of State Bank of India. The agreement was made between the complainant and the opposite parties for a total finance of Rs.20,000/- for which the complainant had to pay Rs.2,110/- per month for a period of 12 months. These monthly instalments contained the interest and the service charges payable to the opposite parties. The 1st opposite party had specifically directed the complainant to pay these instalments either to 2nd opposite party or to 1st opposite party directly. After signing of the agreement the complainant and her husband along with 2nd opposite party went to the TVS showroom and enquired the rate and other details of TVS Scooty Pep Plus. At that time the complainant came to know that the total sale price of two wheeler is Rs.38,695/-. But the 2nd opposite party promised the complainant that he will get the Scooty from another showroom for a lesser sum. Since the complainant was working as a nursing teacher in Palakkad, she could not take leave from her duty to go and take delivery of the vehicle. She was promised by the 2nd opposite party that he himself will bring the two wheeler to the complainant's home. On 13/02/2010 the 2nd opposite party came to the house of complainant with the two wheeler and handed over the vehicle. After the vehicle got registered the RC Book was sent to the address of complainant. The 1st opposite party telephoned the complainant and asked her to give the RC Book to 2nd opposite party. As per the request made by the 1st opposite party the complainant handed over the RC Book to 2nd opposite party and informed the 1st opposite party about the same. From the next month onwards the complainant started paying the instalments as directed by 1st opposite party to the 2nd opposite party. The actual amount of instalment was Rs.2,110/- per month the complainant started paying Rs.2,500/- per month. The 2nd opposite party promised the complainant that he will adjust the excess amount in future instalments. At last opposite party had accepted the request made by the complainant to make one time payment towards the entire instalments. On 26/11/2010 the complainant paid an amount of Rs. 9,500/- to the 2nd opposite party towards the full and final settlement with the permission of 1st opposite party. Opposite parties promised the complainant that they will return the RC Book on the same day itself. But the RC Book was not given back to the complainant till the date even after making so many requests. A week before , the complainant received a call from the opposite parties threatening her that vehicle will be forcefully taken away without due course of law and the cheques will be presented in Banks quoting higher sum. The act of opposite parties caused great mental agony to the complainant and had affected the peaceful life of the complainant. The services of opposite parties are highly deficient against law and amounts to unfair trade practice. Hence the complainant prays an order directing the opposite parties to,
1) restrain from forcefully taking the possession of the vehicle bearing number KL 9Y
3418 from the complainant.
2) give back the RC Book and other necessary documents including the two signed
blank cheques bearing No: 055402 and 055403 of State Bank of India.
3) not presenting the cheques in any bank.
4) restrain from misusing the cheques even by endorsing the same to other persons.
5) declare that the complainant is not liable to pay any more amounts.
6) pay compensation for an amount of Rs.50,000/- for the deficiency in service and
mental agony.
7) pay cost of the proceedings.
Both opposite parties received the notice from the Forum. But they were not present. Hence opposite parties set exparte.
Complainant filed affidavit and documents. Ext.A1 to Ext.A6 marked. Matter was heard.
Issues to be considered are:
1) Whether there is any deficiency in service on the part of opposite parties?
2) If so, what is the relief and cost entitled to the complainant?
Issues I & II
We perused relevant documents on record. In Ext.A1 and A2, complainant is the registered owner of the TVS Scooty Pep bearing No: KL 09 Y 3418. In Ext.A1 date of delivery 24/02/2010 and mentioned the HP agreement with 1st opposite party. The complainant stated that on 13/02/2010 the 2nd opposite party handed over the vehicle to them. In Ext.A3 and A4 series the complainant had paid Rs. 21828/-. In Ext.A4 series the receipt issued by 2nd opposite party dated 26/11/2010 mentioned that FULL SETTILEMENT. The complainant stated as per the agreement the amount of Rs. 2,110/- per month paid in 12 monthly instalments. The complainant has not produced the agreement. The complainant stated that no copy of the signed agreement was given and the 2nd opposite party promised that he will give the copy of the agreement on the next day itself. At the time of filing the complaint, IA 342/11 and 343/11 filed by the complainant to restrain the opposite parties from forcefully taking the possession of the vehicle and not presenting the cheques and from misusing the same by endorsing to other persons. Applications allowed and the complainant deposited an amount of Rs. 21,000/- before the Forum as per the order in I.A 343/11. The opposite parties not filed version and affidavit. In Ext.A6 the amount of vehicle is Rs. 38,695/-. In Ext. A5 series the lawyer notices mentioned that as per agreement the total sum of Rs. 28,980/- promising to repay in 12 monthly instalments from 10/03/2010 and the complainant has to pay an amount of Rs. 11,650/- towards outstanding hire instalments upto 10/02/2011 exclusive of additional hire charges. In Ext.A5 series shows the complainant had entered into an agreement with opposite parties on 10/02/2010. In Ext.A4 series the complainant had paid Rs. 2,500/- on 11/03/2010. And the last payment was Rs. 9,500/- on 26/11/2010. Therefore the complainant had paid the full amount before the due date and the receipt on 26/11/2010 issued by the 2nd opposite party mentioned that full settilment. No contradictory evidence was produced by the opposite parties. The only document from the opposite parties is the lawyer notice not mentioned the instalment amount. In Ext.A5 series shows that the total sum is Rs.28,980/-. In Ext.A3 and A4 series the complainant had paid Rs. 21,828/- before the due date. The opposite parties not produced any documentary evidence. The complainant stated that no receipt was given by the opposite parties regarding to agreement and 1st payment. The complainant stated that forced to give Rs. 21,000/- and two signed blank cheques to the 2nd opposite party at the time of signing the agreement. After accepting the notice from the Forum the opposite parties absent. Hence set exparte.
In the above discussions, we are of the view that there is deficiency in service on the part of the opposite parties on non returning of the RC Book and other documents. In the result the complaint allowed. We direct the opposite parties jointly and severally liable to
1) Return the RC Book and other documents including two signed blank cheques bearing numbers 055402 and 055403 of State Bank of India within one month from the date of receipt of order.
2) and pay Rs. 5,000/- as compensation for mental agony and
3) pay Rs. 1,000/- as cost of the proceedings to the complainant.
4) If the opposite parties failed to return the RC Book and other documents including two signed blank cheques within the order period complainant shall claim an additional amount of Rs. 10,000/-.
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 31st day of October, 2011
Sd/-
Smt. Seena. H
President
Sd/-
Smt. Preetha. G. Nair
Member
Sd/-
Smt. Bhanumathi. A. K
Member
A P P E N D I X
Exhibits marked on the side of the complainant
1. Ext.A1—Copy of Certificate of Registration.
2. Ext.A2—Original of Policy Shedule Cum Certificate of Insurance issued by The New
India Assurance Company Limited.
3. Ext.A3—Receipt issued by the 1st opposite party dated 10/07/2010
4. Ext.A4 Series--Receipts issued by the 2nd opposite party
5. Ext.A5 Series—Lawyer notices sent by the opposite parties.
6.Ext.A6—Original of Proforma Invoice issued by the Royal Motors to the complainant's guarantor.
Exhibits marked on the side of the opposite party
Nil.
Witness examined on the side of the complainant
Nil.
Witness examined on the side of the opposite party
Nil.
Cost allowed
Rs. 1,000/- allowed as cost of the proceedings.
