Kerala

Idukki

CC/211/2017

Manilal Sreedharan - Complainant(s)

Versus

The Managing director Hinduja Leyland Finance Ltd - Opp.Party(s)

Adv.B Rajesh

29 Nov 2019

ORDER

DATE OF FILING :09/10/17

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 29^th day of November 2019

Present :

SRI. S. GOPAKUMAR PRESIDENT

SMT.ASAMOL P. MEMBER

CC NO. 211/2017

Between

Complainant : Manilal, S/o Sreedharan,

Oollaniyil House,

Udumbannoor, Thodupuzha.

(By Adv: B.Rajesh)

And

Opposite Party : 1 . The Managing Director/Chairman,

Hinduja Lyland Finance Limited, No.27A,

Developed Industrial Estate,

Guindy, Chennai (Sardar Petel Road)

2 . The Location General Manager,

Hinduja Lyland Finance Limited,

Branch Office, Variyam Road, Ernakulam-16

(Both by Adv: Gem Korason)

 

O R D E R

SMT.ASAMOL P. (MEMBER)

 

The case of the complainant is that,

 

The complainant is running a soda factory for the purpose of earning his livelihood by means of self-employment. The complainant purchased Asoklyland vehicle-bearing Reg. No.KL-38-D-7286 with the financial aid of opposite parties and payment was in terms of 48 instalments. All the time, opposite parties agreed that the interest of the loan amount was 6% most of the instalments was repaid through cheque. Due to some financial difficulties, the complainant failed to repay two instalments. However then the complainant has paid 30,000/- to the loan account. As per the demand of complainant, opposite parties has given statement of account. But in the statement of account, the payment given by the complainant entered was mistaken. On 03/10/17, the agent of opposite parties

(Cont....2)

-2-

came to the institution of the complainant and he threatened the complainant and received the blank cheque bearing number 454389 of SBI, Udumbannoor branch. Then they demanded Rs.80,000/- and said that if it is not given the said amount urgently they will take the vehicle of the complainant. Opposite parties has no right to demand the more interest amount from the complainant actually there is no such amount payable by the complainant. It is deficiency in service on the part of the opposite parties. Hence the complainant is approaching the Forum against the alleged acts of the opposite parties for allowing relief such as to direct the opposite parties to restrain from taking forcible possession of the vehicle and further directs the opposite parties to restrain initiate the proceedings of cheque bearing number 454389 and also direct the opposite parties to disclose the actual amount payable by the complainant and to pay cost and compensation to the complainant.

 

Upon notice opposite parties entered appearance and filed reply version denying the averments in the complaint. However opposite parties was not appeared in many postings of evidence. So they called absent and set exparte.

 

Evidence adduced by the complainant by way of proof affidavit and complainant was examined as PW1. Document produced by the complainant which is marked as Ext.P1 and Ext.P2. Ext.P1 is the duplicate cheque receipt, Ext.P2 is the confirmation letter/manilal

 

Heard,

 

The point that arose for consideration is whether there is any deficiency in service from the part of opposite parties, and if so, for what relief the complainant is entitled to ?

 

The Point:- The complainant alleges that he purchased a vehicle with the financial aid of opposite parties and payment was in terms of 48 instalments. The opposite parties had given the statement of account to the complainant but in the statement, there was a mistake regarding the payment. There is no document produced regarding 6% interest by the complainant. Opposite parties

 

(Cont....3)

-3-

did not take any evidence against the complainant and he was not appeared for the posting of evidence. So they called absent and set exparte.

 

Hence the complaint allowed. The Forum directs the opposite parties to serve a copy of the actual loan account statement to the complainant by calculating 12% interest in the defaulted loan instalments from the date of default. The Forum directs the opposite parties to restrained from initiating the proceedings of cheque bearing No.454389 and also restrained from taking forcible possession of the vehicle from the complainant.

 

Pronounced in the Open Forum on this the 29^th day of November, 2019.

 

Sd/-

SMT. ASAMOL P. (MEMBER)

Sd/-

SRI. S. GOPAKUMAR (PRESIDENT)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Cont....4)

-4-

 

APPENDIX

 

Depositions :

On the side of the Complainant :

PW1 -Manilal O.S.

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1 -The duplicate cheque receipt,

Ext.P2 -The confirmation letter/manilal

On the side of the Opposite Party :

Nil.

 

Forwarded by Order,

 

 

SENIOR SUPERINTENDENT