CC Filed on 23.03.2009<br /> Disposed on 04.08.2009<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated: 04th day of August 2009<br /> <br /> PRESENT:<br /> Sri. G.V.HEGDE, President.<br /> <br /> Sri. T.NAGARAJA, Member.<br /> Smt. K.G.SHANTALA, Member.<br /> ---<br /> <br /> Consumer Complaint No. 22/2009<br /> <br /> Between:<br /> <br /> <br /> Venkateshappa. N.,<br /> S/o Nareppa,<br /> 9th Cross, Karanjikate,<br /> Opp: Sree. Rama Temple,<br /> Kolar – 563 101.<br /> <br /> <br /> (By Advocate Sri. R. Venkatachlapathy and Others ) <br /> <br /> <br /> <br /> <br /> <br /> <br /> ….Complainant<br /> <br /> V/S<br /> <br /> <br /> The Manager,<br /> Bajaj Auto Finance Limited,<br /> Above Subiksha Departmental Store,<br /> Near Vinayaka Circle,<br /> Palace Guttahalli Main Road,<br /> Malleshwaram,<br /> Bangalore – 560 003. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ….Opposite Party<br /> <br /> <br /> ORDERS<br /> <br /> This is a complaint filed under section 12 of the Consumer Protection Act, 1986 praying for a direction against the opposite party to return the R.C. Book in respect of two wheeler vehicle Bajaj Discover bearing No. KA-07-L-8402 and to issue finance clearance certificate and to pay Rs.25,000/- as compensation to the complainant with costs and interest, etc.,<br /> <br /> 2. The material facts of complainant’s case may be stated as follows:<br /> That the complainant entered into loan agreement No. 404/128304 on 26.03.2007 and availed finance of Rs.34,990/- for purchase of two wheeler Bajaj Discover. The loan was repayable in monthly installments of Rs.2,214/- commencing from 15.04.2007 to 15.09.2008 for 18 months. For non-payment of installments within time, it was agreed to charge interest at 9.25% on the delayed payments.<br /> <br /> The complainant claims that he paid the installments regularly and some times the installments were paid by issue of cheques and some times the installments were paid by cash and on 20.07.2008 he paid Rs.4,664/- towards final installment and even obtained finance clearance certificate from the concerned agent namely Satish Kumar. The complainant has further alleged that insurance was expiring on 20.03.2009, therefore he gave a requisition letter dated 06.10.2008 to OP for return of original R.C. and to issue loan clearance certificate, but OP did not respond to it. Further that again he got issued the legal notice on 13.02.2009. For that also no reply was received inspite of its service. He alleged that in the absence of original R.C. he could not renewed insurance policy of the vehicle, thereby he could not use the vehicle and he spent Rs.100/- per day for traveling expenses to attend his duty. Therefore he claimed compensation of Rs.25,000/-.<br /> <br /> 3. The OP filed the version admitting the loan transaction. He contended that cheque No. 166261 for Rs.2,214/- dated 15.01.2008 issued by the complainant towards repayment of 10th installment was not deposited by him and it was found that the said cheque was not traceable and it must have been lost by the Operation Department. Therefore he contended that Rs.2,214/- is still due towards 10th installment and the complainant is liable to pay the interest on it and other penalties. Therefore he contended there is no deficiency in service by him. The OP has not denied the receipt of requisition letter dated 06.10.2008 or the legal notice dated 13.02.2009, demanding return of original R.C. Book and issue of loan clearance certificate.<br /> <br /> 4. The parties filed the affidavits. We heard the Learned Counsel for the complainant. OP was absent subsequent to filing the affidavit.<br /> <br /> 5. The following points arise for our consideration:<br /> <br /> 1. Whether there is deficiency in service by OP?<br /> 2. If so, to which reliefs the complainant is entitled to?<br /> 3. What Order?<br /> <br /> 6. After considering the records and the submission of the complainant our findings are as follows:<br /> <br /> Point No.1: The OP has produced the statement of accounts relating to the loan. In the said statement it is shown that on the due date i.e. on 15.01.2008 a cheque bearing No. 166261 for Rs.2,214/- was received towards payment of the said installment. However on 14.11.2008 it is shown that the said cheque was not sent for collection and the cheque was not available, thereby the said installment remained due. Rs.450/- is debited towards O.D. charges interest and penalty. Therefore the complainant was asked to produce evidence whether this cheque bearing No. 166261 for Rs.2,214/- was debited in the S.B. Account in the Bank on which the said cheque was drawn. The complainant has not produced any such bank account. Therefore we can hold that for one or the other reason the said cheque was not presented for payment which might be due to inadvertence or negligence of OP. Therefore we hold that 10th installment was not credited to the loan account, though a cheque bearing No. 166261 for Rs.2,214/- was issued by complainant.<br /> <br /> The OP has never intimated the complainant for what reason the said cheque was not presented for collection. The reversal entry for Rs.2,214/- for not realizing of the said cheque for 10th installment was made on 14.11.2008. The complainant had given requisition on 06.10.2008 and subsequently got issued the legal notice dated 13.02.2009 for securing the original R.C. and loan clearance certificate. After receipt of these letter and legal notice also, the OP has not replied and kept quiet. The complainant was badly in need of the documents to renew his insurance policy which was to be expired on 20.03.2009. This attitude of the OP shows callous and negligent attitude by the financer towards the customer. The complainant submits that he approached OP several times, but he was never intimated that any installment was due and only during the filing of the version, OP has come up with the plea of not realizing the cheque issued for payment of 10th installment. That contention appears to be true as the said reversal entry was made on 14.11.2008. Even thereafter the OP has not intimated the complainant to pay the amount due towards 10th installment.<br /> <br /> The complaint is filed on 30.03.2009. The version is filed on 22.04.2009 and subsequently the OP filed the account extract on 09.06.2009. It is clear that because of the negligent attitude of OP the complainant could not use his two wheeler from 20.03.2009 to this day as he could not renew the insurance policy. There was no fault on the part of the complainant in not realizing the cheque issued towards payment of 10th installment. Therefore we hold point No.1 in affirmative.<br /> <br /> Point No.2: Considering the facts of the case, we think punitive damages of Rs.15,000/- may be allowed to complainant for the harassment met by him. Point No.2 is held accordingly.<br /> <br /> Point No.3: Hence we pass the following:<br /> <br /> O R D E R<br /> <br /> The complaint is allowed with costs of Rs.1,000/-. The OP shall pay punitive damages of Rs.15,000/- (Rupees Fifteen Thousand only) to complainant after deducting Rs.2,214/- due towards 10th installment, within 30 days from the date of this order. In default, OP shall pay interest at the rate of 6% p.a. from the date of this order on the said amount till the date of realization. <br /> <br /> <br /> Dictated to the Stenographer, corrected and pronounced in open Forum this the 04th day of August 2009.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br />