D.o.O:27/04/17
IN THE CONSUMER DISPUTES REDRESSAL FORUM IDDUKKI
CC.NO.171/15
Dated this, the 27th day of April 2017
PRESENT:
SRI.S.GOPAKUMAR : PRESIDENT
SRI.BENNY.K. : MEMBER
Aliyar.P.M, Puthenveetil House,
Pushpakandam Po, Nedumkandam,Idukki : Complainant
(Adv.Shiji Joseph)
1.Reliant Higher Purchase Co.Ltd, Kothamangalam
Kothamangalam PO, 686691 represented by its : Opposite parties
Managing Director.
2.The Branch Manager,
Reliant Higher Purchase Co.Ltd,Kattapana,
Po.Kattapana 685515
(Adv.Babichen V.George)
ORDER
SRI.BENNY.K :MEMBER.
Complainant had availed a loan for Rs.1,10,000/- from the opposite parties to purchase Ape Auto rickshaw bearing Reg.No. KL 37-B552 on May 2012. The complainant had agreed to repay the amount in 36 monthly instalments of Rs.4930/- each. In total ,the complainant is liable to pay Rs. 1,77,480/- including the finance charges. On 18/2/2013 the complainant remitted 2 instalments of Rs.4980/-, but the opposite parties issued only one instalment receipt, and Rs.5200/- was collected as over due charges from the amount. On 4/12/2013 and 30/12/2013 the complainant has remitted 2 instalments each, however out of the amount, only one instalment was accounted by the opposite parties. On 29/3/13 the complainant paid 3 monthly instalments, however only 2 installments were accounted by the opposite party. Without issuing the receipts opposite parties have collected Rs.24000/- from the complainant as overdue charges. The complainant approached the opposite parties for closing the loan account, but they demanding huge interest to release the documents. The complainant is ready to settle the loan account, since the opposite parties did not accept he balance amount, then the complainant has deposited the amount in Idukki Dist. Co-operative bank. Charging of huge amount as overdue and non issuance of receipt for the remittance is clear deficiency in service on the part of the opposite party.
In the written version filed by the opposite parties admitted that the complainant had availed a loan for purchasing a vehicle with Reg.No.KL 37 B 522 and the amount was of Rs.1.34 lakhs payable in 36 monthly instalments of Rs.4930/- each. The complainant has already agreed to pay penalty in case of default and delayed payment charges. The RC book of the vehicle is not in the possession of the opposite party. The complainant has to pay to opposite party as on 15/3/2016 an amount of Rs.2,02,624/- and he had paid only Rs.1,23,250/-, so far he is liable to pay Rs.79374/-. The opposite party do not have any intervention to take forceful possession of the vehicle. Complainant is a chronic defaulter and all his payment are properly accounted and proper receipts are issued for the same.
3. The point for consideration is whether there is any deficiency in service on the part of opposite party and if so for what relief the complainant is entitled to ?
4. The evidence consist of only documentary evidence and Exts.P1 to P3 marked from the side of the complainant . Opposite parties examined as DW1 and Exts.R1&R2 marked .Ext.R1 is the copy of Hire purchase loan register and Ext. R2 is the copy of bank passbook.
5. The Point: Complainant had availed a loan for Rs.1,10,000/- from the opposite parties to purchase Ape Autorickshaw bearing Reg.No. KL 37-B-552 on May 2012. Ext.P1 is the copy of bank transaction and Ext.P2 series is the receipts issued by 1st opposite party to show that the complainant had agreed to repay the amount in 36 monthly instalments of Rs.4930/- each. The complainant remitted 2 instalments of Rs.4980/-, but the opposite parties issued one instalment receipt and Rs.5,200/- was noted collected as over due charges from the amount . On 4/12/2013 and 30/12/2013 the complainant has remitted 2 instalments each, however out of the amount only one instalment was accounted by the opposite parties. On 29/3/13 the complainant paid 3 monthly instalments, and the opposite parties have issued only 2 instalment receipts. The opposite parties have collected Rs.24000/- from the complainant as overdue charges. The complainant approached the opposite parties for closing the loan account, but the opposite parties are demanding huge interest to release the documents. The complainant is ready to settle the loan account, since the opposite parties did not accept he balance amount, then the complainant has deposited the amount in Idukki Dist. Co-operative bank ie Ext.P3. Charging of huge amount as overdue and non issuance of receipt for the remittance is clear deficiency in service on the part of the opposite parties.
In the written version filed by the opposite parties admitted that the complainant had availed a loan for purchasing a vehicle with Reg.No.KL 37 B 522 and the amount was of Rs.1.34 lakhs payable in 36 monthly instalments of Rs.4930/- each. The complainant has already agreed to pay penalty in case of default and delayed payment charges. The RC book of the vehicle is not in the possession of the opposite party. The complainant has to pay to opposite party as on 15/3/2016 an amount of Rs.2,02,624/- and he has paid only Rs.1,23,250/- so far he is liable to pay Rs.79374/-. The opposite parties do not have any intervention to take forceful possession of the vehicle. Complainant is a chronic defaulter and all his payment are properly accounted and proper receipts are issued for the same.
Opposite parties have no contention against the loan amount and the instalment repayment. Opposite party stated that the complainant was a chronic defaulter. The only dispute is regarding the defaulted charges and penal interest. In the agreement the complainant is agreed to pay the defaulted charges for delayed payments. But the Opposite parties have not produced any authentic document from RBI or government to show that they can charge huge and exorbitant interest as default charges is illegal.
Hence the petition partly allowed and the opposite parties are directed to collect the balance instalments from the complainant without charging any penal interest ,only accept the balance instalment and not charge any penal interest for the delayed instalments and settle the loan account of the complainant within 30 days of the receipt of a copy of this order and also direct the opposite parties to return all the documents collected from the complainant while availing the loan.
Pronounced in the open forum on this the 27th day of April 2017
SRI.BENNY.K :MEMBER
SRI.S.GOPAKUMAR : PRESIDENT
Exts
P1- copy of Bank transaction
P2- Cash receipts
P3-Bank deposit receipt
R1-copy of hire purchase loan register
R2-copy of bank pass book
DW1- M.P.Sunil Kumar-witness of opposite party
eva
