IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday the 30th day of October, 2015
Filed on 27.04.2013
Present
- Smt. Elizabeth George (President)
- Sri. Antony Xavier (Member)
- Smt.Jasmine.D. (Member)
in
C.C.No.134/2013
between
Complainant:- Opposite Parties:-
Smt. Maya, W/o Manoj 1. The Managing Director
Puthenchirayil M/s. Shriram Transport Finance
Karalakom Ward Company Ltd., 3rd Floor
Avalookkunnu P.O. Mookambika Complex, No.4
Alappuzha Devika Road, Malapore, Chennai
(By Adv. Gulzar)
2. The Branch Managaer
M/s. Shriram Transport Co. Ltd.
East of Thiruvambady Junction
Thiruvampady P.O., Alappuzha
(By Adv. Vidhu. M. Unnithan –
for opposite parties)
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
Complainant availed a loan of Rs.2,70,000/- on 31.1.2011 from the opposite parties. The period of loan finance expired on 5.2.20115. The complainant has remitted installments from 7.3.2011 to 9.10.2012 without any default. The total amount remitted is Rs.1,87,150/-. Thereafter complainant approached the opposite party to close the loan amount, but opposite party demanded an amount of Rs.2,33,000/- from the complainant towards balance amount. Thereafter the opposite party threatened to take the vehicle from the complainant. Complainant is willing to settle the amount by remitting the balance due amount that they legally due to remit. Hence the complainant filed a PLD No.342/2012 before the Legal Service Authority, Ambalappuzha against the opposite parties. But opposite parties were absent. Hence no award was passed in the PLD. Thereafter the above complaint is filed.
2. The version of the opposite parties is as follows:-
The complainant availed a loan amount of Rs.2,72,927/- after executing an agreement on 31.1.2011. As per the agreement, complainant has to remit Rs.4,47,642/- in 48 installments. The interest rate was fixed at 16.00382% per annum. The complainant had paid Rs.1,79,160/- which includes vehicle insurance also. Complainant could not clear of the total amount of Rs.3,14,510/- ie. due by the complainant. There is no deficiency in service on the part of the opposite parties.
3. Complainant was examined as PW1. Documents produced were marked as Exts.A1 and A2. Two witnesses were examined as PW2 and PW3. Opposite party was examined as RW1. The documents produced were marked as Exts.B1 and B2.
4. The points came up for considerations are:-
- Whether there is any deficiency in service on the part of the opposite parties?
- If so the r reliefs and costs?
5. At the trial stage of this case both parties submitted before the Forum that the matter was settled and complainant endorsed the same on the complaint also. But no written agreement was signed by the parties. Thereafter complainant filed a memo stating that matter is not settled. Accordingly Forum heard both the parties.
6. It is an admitted fact that complainant has availed a loan amount for the vehicle bearing Reg. No.KLO 8/AF 4711 after executing a hypothecation agreement with the opposite parties. According to the complainant she has availed a loan of Rs.2,70,000/- from the opposite parties. But Ext.B1 produced by the opposite party shows that the amount sanctioned towards loan was Rs.2,72,927/-. Opposite parties admitted that complainant has remitted Rs.1,79,160/- towards loan amount. According to the opposite parties, a total sum of Rs.1,79,160/- paid by the complainant includes the vehicle insurance which was taken by the opposite parties on 25.8.2011 to 27.8.2012 respectively for Rs.15,561/- and Rs.17,536/-. But Ext.B1, the statement of account produced by the opposite parties shows that the loan amount of Rs.15,561/- and the amount of Rs.17,536/- were settled on 5.9.2012 and 5.9.2013 respectively. Hence as per the statement of account produced by the opposite party complainant has taken loan amount of Rs.2,72,927/- on 31.1.2011 and complainant has remitted an amount of Rs.1,79,160/- up to 10.10.2012. According to the complainant they approached the opposite party several times for settling the loan amount and the opposite party failed to co-operate with them. Thereafter they filed PLD No. 342/2012 before the Legal Service Authority, Ambalappuzha. The complainant has produced the copy of the complaint and which marked as Ext.A2. The Ext.A2 shows that complainant has filed the complaint before the Legal Service Authority, Ambalappuzha on 30.11.2012. According to the complainant, even though notice was served by the opposite parties, they did not turn up before the Legal Service Authority. Even before the Forum also the opposite party submitted that they are willing to settle the matter, but complainant filed petition stating that the opposite party did not co-operate with them for settling the matter. The refusal on the part of the opposite parties to receive the balance amount as per the agreement arrived between the parties amounts to deficiency in service. As per the statement produced by the opposite parties, complainant has remitted Rs.1,79,160/- up to 10.10.2012. Hence the complainant is bound to remit the balance amount of Rs.93,767/- (Rs.2,72,927 – Rs. 1,79,160) with 16% interest per annum from 10.10.2012. Ext.A3 series produced by the complainant are the receipts issued by the opposite party from 23.12.2014 to 28.5.2015. As per Ext.A3 series complainant has remitted an amount of Rs.71,250/- up to 28.5.2015. Since this Forum is convinced of the facts that the opposite parties are deliberately denying the loan transaction by paying off the entire balance amount by lump sum payment, the opposite parties are directed to receive an amount of Rs.93,767/- with 16% interest per annum from 10.10.2012 till 23.12.2014.
Since the complainant paid Rs.71,250/- for the period from 23.12.2014 to 28.5.2015, the opposite parties are directed to realize the remaining balance amount with 16% interest per annum from 28.5.2015 and close the loan account entering full satisfaction.
Dictated to the Confidential Assistant transcribed by her corrected by me and pronounced in open Forum on this the 30th day of October, 2015. Sd/- Smt.Elizabeth George (President)
Sd/- Sri. Antony Xavier (Member)
Sd/- Smt.Jasmine.D. (Member)
Appendix:-
Evidence of the complainant:-
PW1 - Maya Manoj (Witness)
PW2 - Madhavan (Witness)
PW3 - Manoj (Witness)
Ext.A1 series - Customer Copies (6 Nos.)
Ext.A2 - Copy of the complaint before the Legal Service Authority,
Evidence of the opposite parties:-
RW1 - Jagannadh. K. (Witness)
Ext.B1 - Certified copy of loan cum hypothecation agreement
Ext.B2 - Copy of the statement of account
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- pr/-
Compared by:-
