BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> VAZHUTHACAUD : THIRUVANANTHAPURAM<br /> <br /> PRESENT:<br /> <br /> SHRI. G. SIVAPRASAD : PRESIDENT<br /> SMT. BEENA KUMARI .A : MEMBER<br /> SMT. S.K. SREELA : MEMBER<br /> <br /> O.P.NO. 413/2004<br /> Dated: 30..04..2008<br /> <br /> Complainant:<br /> P. Radhakrishnan Nair, T.C.12/166, Kailasa Mandiram, <br /> Mulavana, Kunnikuzhy P.O., Thiruvananthapuram.<br /> (By Ad. Sony. A)<br /> Opposite parties:<br /> 1.The Proprietor, Kotak Mahindra Primus Ltd., 4th Floor, Thadikaran Centre, Palarivattom, Cochin – 682 026.<br /> 2.The Proprietor, Kotak Mahindra Primus Ltd., Saran Chambers, Vellayambalam, Thiruvananthapuram.<br /> <br /> This complaint is disposed of after the period so specified under the Consumer Protection Act, 1986. Though the case was taken up for orders by the predecessors of this Forum on 30..06..2005 the order was not prepared accordingly. This Forum assumed office on 08..02..2008 and re-heard the complaint. This O.P having been heard on 09..04..2008, the Forum on 30..04..2008 delivered the following:<br /> <br /> ORDER<br /> <br /> <br /> SMT. BEENAKUMARI.A. MEMBER:<br /> <br /> The fact of the case is as follows: The complainant availed a loan amount of Rs.5,00,000/- from the opposite parties after pledging his brand new car bearing Reg.No.KL-01 W 5279. As per terms and conditions the complainant has to pay at the rate of Rs.13,250/- per month in 48 monthly instalments. The complainant had paid 24 instalments correctly. After that he decided to close the loan and he approached the opposite parties for closing the loan. As per the balance payment chart of the opposite parties dated 17..09..2003 the outstanding amount is Rs. 2,78,939.05 on 24..09..2003, Rs. 8,368.17, Rs. 2,958.93 and Rs.4,105.99 as payout charge, broken period interest and miscellaneous charges respectively. According to the complainant the balance amount he has to pay is only Rs.2,78,939.05. Due to threat and coercion of the opposite parties the complainant was compelled to remit Rs. 2,94,374.14 for closing the transaction. After closing the loan transaction the opposite parties repaid Rs.10,600/- to the complainant. The opposite parties are liable to re-pay the excess amount eked out from the complainant by their unfair trade practice and also prays compensation and cost for his grievance.<br /> 2. In this case the opposite parties remained ex-parte. The complainant filed affidavit in lieu of evidence and produced 6 documents which were marked as Exts. P1 to P6.<br /> 3. Points to be considered:<br /> (i)Whether there is unfair trade practice from the side of opposite parties?<br /> (ii)Whether the complainant is entitled to get any relief?<br /> 4. Points (i) & (ii) : In this case the complainant has produced 6 documents to prove his case. Ext. P1 is the foreclosure payment report issued by the opposite parties. As per this document the complainant has to pay Rs. 2,94,372.14 for closing the loan transaction. As per the complainant he is liable to pay only Rs. 2,78,939.05 for closing the transaction. Ext.P2 is the copy of Advocate notice issued by the complainant to the opposite parties demanding the repayment of the excess amount collected by them. Ext.P3 is the postal receipts. Ext.P4 is the acknowledgement cards. Ext.P5 is the repayment schedule. Ext.P6 is the received payment chart.<br /> 5. On a careful scrutiny of the available documents and recorded evidence this Forum finds that the loan amount is Rs.5,00,000/-. As per terms and conditions of the opposite parties, the complainant has to repay the said amount at the rate of Rs.13,250/- each per mensum in 48 equal monthly instalments. The complainant had paid 24 instalments correctly. After that the complainant approached the opposite parties to close the loan transaction, and the opposite parties demanded to pay Rs.2,94,372.14 for closing the loan. But as per the complainant the amount to be paid is Rs. 2,78,939.05 only. But due to threat and coercion of the opposite parties the complainant was compelled to pay Rs. 2,94,374.14. And thereafter the opposite parties refunded Rs. 10,600/- to the complainant which is evident from the complaint. Accordingly, it is found that Rs.4,833/- (2,94,372.14-2,78,939.05=15,433, 15433-10600=4833)and the complainant is entitled to get an amount of Rs.2,000/- as D.D charges which the complainant had incurred due to the deficiency in service of the opposite parties. The affidavit and statement filed by the complainant stands unchallenged because it is not controverted by the opposite parties. For the foregoing reasons the Forum also finds that the complainant has succeeded to prove his case. In this case the statement of accounts filed by the complainant is not correct. The complainant is admittedly refunded an amount of Rs.10,600/- by the opposite parties. Hence the complainant is found entitled for an amount of Rs .4,833/- only.<br /> In the result this Forum allow the complaint and direct the opposite parties to refund an amount of Rs. 6,833/- (Rs. 4,833+2000 D.D charge) (Rupees Six thousand eight hundred and thirtythree only) with 12% interest from 17..10..2003 till the realisation of the amount. And also directed to pay Rs, 2000/- (Rupees two thousand only) as compensation and Rs. 1,000/- (Rupees one thousand only) as cost. Time for compliance one month, failing which execution steps can be involved.<br /> 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.<br /> <br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 30th day of April, 2008.<br /> <br /> G. SIVAPRASAD,<br /> PRESIDENT.<br /> <br /> <br /> BEENA KUMARI. A : MEMBER<br /> <br /> <br /> S.K. SREELA : MEMBER<br /> <br /> ad.<br /> <br /> <br /> <br /> <br /> O.P.No.413/2004<br /> APPENDIX<br /> I.Complainant's witness:<br /> PW1 : P. Radhakrishnan<br /> II.Complainant's documents:<br /> Ext.P1 : Payout Details Report dated 24.09.2003 from Kottak Mahindra Primus Ltd.<br /> P2 : Copy of Advocate notice dt. 25.09.04 to the opposite parties.<br /> P3 : Two postal receipts dt. 25.09.2004<br /> P4 : Two acknowledgement cards<br /> P5 : Contract repayment schedule report dated 10.10.2001 from Kotak Mahindra Primus Ltd.<br /> P6 : Statement of contract dt. 24.09.03 from Kotak Mahindra Primus Ltd.<br /> <br /> III.Opposite parties' witness: N I L<br /> IV.Opposite parties documents N I L<br /> <br /> <br /> PRESIDENT<br /> <br /> <br />