DATE OF FILING :14/11/17

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 29^th day of June 2018

Present :

SRI. S. GOPAKUMAR PRESIDENT

SRI. BENNY. K. MEMBER

CC NO. 239/2017

Between

Complainant : Sajan Joseph,

Kallolimattathil House,

Cumbummettu P.O.,

Karunapuram Village, Idukki District.

(By Adv: Vikraman Nair N.G.)

And

Opposite Party : 1 . The Managing Director,

India Infofline Finance Limited,

12A-10,13^th Floor, Parinee Crescenzo,

C-38&39, G-Block, Bandra Kurla Complex,

Bandra East, Mumbai – 400 051.

2 . The Manager,

India Infofline Finance Limited,

12A-10, 13^th Floor, Parinee Crescenzo,

C-38&39, G-Block, Bandra Kurla Complex,

Bandra East, Mumbai- 400 051.

3 . Shibu, Zonal Manager,

IIFL Office, M.G.Road,

Ernakulam, Near Parthas Textiles.

O R D E R

SRI. S. GOPAKUMAR (PRESIDENT)

The case of the complainant is that,

Complainant availed a vehicle loan from the opposite parties of Rs.92,8000/- and agreed to repay it in 48 instalments @ Rs.27139/- per month starting from 10/10/13. The complainant paid the instalments regularly, and the payment was through SBI, Koottar Branch. For availing the loan complainant entrusted his cheque leafs and landed property tax to the opposite parties as security. The complainant paid his last EMI on 26/07/17.

(Cont....2)

-2-

Immediately after the payment of last instalment the agent of the opposite parties along with some persons from Ernakulam came to his house and threatened him and tried to take away the vehicle bearing Reg No.KL/69/538, forcibly from the custody of the complainant. Due to the timely intervention of the local people, they withdrawn from the scene. This caused much mental agony to the complainant and this act of the persons of the opposite parties caused damage in his dignity.

Complainant further averred that, after closing the entire loan, he approached the opposite parties for getting back the security documents as well as the NOC and RC book of the said vehicle. But the opposite parties neglected his request and till date this has not handed over the documents stated above to the complainant. Under this circumstancing the complainant is constrained to file this complaint alleging deficiency in service and unfair trade practice from the part of the opposite parties and prayed for getting relief such as to direct the opposite parties to handed over the documents along with the NOC and also for directing them to pay cost and compensation.

Even after the acceptance of notice from the Forum, opposite parties failed to attend before the Forum and contest the matter. Hence after giving sufficient time for filing written version, opposite parties 1 to 3 set exparte and the petition is taken for evidence of the complainant.

Evidence adduced by the complainant by way of documents. Ext.P1 is the copy of legal notice issued by the complainant to the opposite parties along with the postal receipt.

Heard in detail.

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:- On going through the averment in the complaint, the Forum is of a considered view that, these averment are unchallenged by the opposite parties. Hence the Forum allowed the complaint, and directed the opposite parties 1 to 3 to hand over the NOC of the vehicle bearing Reg. No.KL/69/538

(Cont....3)

-3-

along with the cheque leafs and tax receipt which was entrusted to them by the complainant as loan security. The opposite parties 1 to 3 further directed to pay Rs.5000/- as litigation cost to the complainant, within one month from the date of receipt of the copy of this order, failing which this amount shall carry 12% interest per annum from the date of default till the realization

Pronounced in the Open Forum on this the 29^th day of June, 2018.

Sd/-

SRI. S. GOPAKUMAR (PRESIDENT)

Sd/-

SRI. BENNY. K. (MEMBER)

APPENDIX

Depositions :

On the side of the Complainant :

Nil

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1 - The copy of legal notice issued by the complainant to the

opposite parties along with the postal receipt.

On the side of the Opposite Party :

Nil.

Forwarded by Order,

SENIOR SUPERINTENDENT