BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. P. SUDHIR                                       :  PRESIDENT

SMT. R. SATHI                                         :  MEMBER

SMT. LIJU B. NAIR                                  : MEMBER

C.C. No. 153/2014 Filed on 23.04.2014

ORDER DATED: 31.01.2015

Complainant:

 

Kaviraj. R, Kavukkonathu Puthen Veedu, T.C 03/752, Thrippaddapurathumele, Kulathur P.O, Thiruvananthapuram-695 583.

 

                                 (Party in person)

Opposite party:

The Manager, Family Credit Ltd., Bharathi Divakar, 1^st Floor, T.C No. 20/898-C, Karamana, Near QRS, Thiruvananthapuram-695 002.

 

                             (By adv. C. Anoop Chandra)

 

This C.C having been heard on 06.01.2015, the Forum on 31.01.2015 delivered the following:

ORDER

SMT. R. SATHI:  MEMBER

The complainant purchased a TVS Pept motor cycle for Rs. 47,822/- from Logtech Motors which was financed by the opposite party.  The complainant paid Rs. 12,492/- in one installment and the remaining amount of Rs. 35,330/- has to be paid in 36 monthly installments of Rs. 1,456/- each.  As per agreement the opposite party received documents from him including 8 cheque leaves.  As per agreement dated 22.05.2013 ECS facility was activated and Rs. 110/- was taken as service charge.  Then on 07.05.2013, 07.06.2013, 08.07.2013, 07.08.2013 the amount was withdrawn through ECS facility.  On 07.09.2013, 07.10.2013, 07.11.2013, 07.12.2013, 07.01.2014 the complainant paid directly and receipts were given to him.  The complainant also remitted the remaining amount through bank.  But there arose some error and the complainant was forced to pay fine for the ECS facility.  Now the complainant wants to close the ECS facility and that can be done only if the opposite party gives letter for cancellation and they are not willing to do so.  So he approached this Forum to cancel the ECS facility and he is ready to give the payment by cheques.  He is also ready to pay 3 months amount of Rs. 1,456/- without fine.  The complainant wants refund of Rs. 110/- and Rs. 200/-. 

The notice was issued to the opposite party and they entered appearance and filed vakalath.  The opposite party was ready for settlement.

The complainant filed affidavit and produced documents. 

Issues :

1. Whether there is any deficiency of service or unfair trade practice on the side of opposite party?

2. Whether the complainant is eligible for any compensation?

Issues (i) & (ii):- The case of the complainant is that he purchased a TVS Pept financed by opposite party.  There arose some disputes regarding the payment.  When the opposite party appeared before this Forum they came to a compromise and as per this he remitted an amount of Rs. 34,500/- on 24.09.2014 and copy of receipt for the same was produced.  Then the opposite party gave NOC to him and the cancellation letter of hypothecation with Family Credit Ltd., TUP which is cancelled with effect from 01.12.2014 and copy of R.C Book was also produced by the complainant.  From this it is understood that the complainant has settled the loan amount with the opposite party.  But the complainant submitted that the documents given to the opposite party at the time of loan agreement which not given back.  The documents include 8 cheque leaves of SBT.  The opposite party has not challenged the contentions raised by the complainant.  So on considering the facts, circumstances and documents we find that there is deficiency of service on the side of the opposite party.  The opposite party is bound to compensate for the deficiency of service.  Hence we direct the opposite party to give back all the documents of the complainant under their custody along with compensation Rs. 3,000/- with costs of Rs. 2,000/-.

In the result, complaint is partly allowed by directing the opposite party to give back all the documents under their custody with compensation of Rs. 3,000/- along with cost of Rs. 2,000/- within one month from the date of receipt of this order failing which the complainant is entitled to recover the amount of compensation with 12% interest from the date of this order till payment. 

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room. 

          Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 31^st day of January 2015.

 

     Sd/-

R. SATHI                      : MEMBER

      Sd/-

P. SUDHIR                    : PRESIDENT

      Sd/-

                                                                        LIJU B. NAIR                : MEMBER

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