DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Dated this the 31st day of March 2010.
Present : Smt. H. Seena, President : Smt. Preetha G. Nair, Member : Smt. Bhanumathi.A.K, Member C.C.No.157/2009
R. Krishnakumar S/o. Rajamani 7/90 Valli Nivas Tharekkad Palakkad. - Complainant ( Adv. C.Madhavankutty) Vs 1. The Manager TVS Finance and Service Collection Office Royal Motors, Chandra Nagar Palakkad (Adv. V. Shanmuga Sundaram) - 2. TVS Finance Service Ltd Noor Complex 2nd Floor, Mavvor Road Kozhikode (Rep by Manager) (Adv. V. Shanmuga Sundaram) - Opposite Parties O R D E R By Smt. Bhanumathi.A.K, Member.
The complaint in brief is a s follows.
The complainant was the Registration Certificate owner of Motor Cycle KL-09-K 3061 TVS Max 100. The vehicle was purchased on 15/01/2002 and has availed a loan accomodation with the 1st opposite party.
The complainant had repaid the entire loan amount in instalments regularly to the 1st opposite party. There after that the 1st opposite party has given Hire Purchase termination letter which reveals that the complainant had already repaid the entire loan amount and he is discharged from liability. The same was endorsed in the Registration Certificate Book by the registering authority on 28/06/2004. All these facts are well aware to the opposite - 2 - parties. To the utter surprise to the complainant the opposite parties have issued a lawyer notice on 13/09/2007 demanding a sum of Rs.3060/- to which the complainant has sent a reply notice on 10/10/2007 stating the true facts. Again in another notice dated 13/09/2007 they claimed Rs.3851/- as due after closing the loan and giving the termination letter. The opposite party threatened the complainant stating that they will take steps for publishing his name in the CIBIL and make bar against this complainant. The above acts of opposite parties caused mental agony and hardship to the complainant. So the complainant filed this complaint seeking an order directing the opposite parties to pay an amount of Rs.15,000/- for mental agony and Rs.3,000/- as cost of the proceedings.
Complaint was admitted and opposite parties entered appearance.
Complainant filed affidavit . Opposite party has not filed version or affidavit.
Exhibit A1 to Exhibit A4 marked on the side of the complainant. There is no documentary evidence on the part of opposite parties even though enough chances were given.
Matter was heard. On going through the documents, it can be seen that the complainant already paid the entire loan amount to the opposite parties. Exhibit A1 is the Registration Certificate with an endorsement by the Additional Registering Authority, Palakkad that "cancelled HPA with Haritha Finance Ltd, Chennai (Now TVS Finance Service)" on 28/06/04. Exhibit A1 and A4 is the Lawyer notice sent by the opposite party stating the complainant has to close the loan amount otherwise the opposite party will take action against the complainant and defame the complainant before all the financial institution by black listing the complainant in CIBIL
Even after closing of the loan amount the issuance of lawyer notice by the opposite party to the complainant definitely caused mental agony and hardship to the complainant. It can be considered as deficiency of service on the part of opposite parties. Moreover - 3 - opposite parties has not adduced any evidence contrary to that one produced by the complainant. In the result we allow the complaint. Opposite parties are jointly and severally directed to pay an amount of Rs.7,500/- for mental agony suffered by the complainant and Rs.500/- as cost of the proceedings.
Order to be complied within one month from the date of receipt of order failing which the whole amount shall carry interest at the rate of 9% per annum from the date of order till realization.
Pronounced in the open court on the 31st day of March 2010
PRESIDENT (SD) MEMBER (SD) MEMBER (SD)
APPENDIX Witness examined on the side of Complainant Nil Witness examined on the side of Opposite party Nil Exhibits marked on the side of the complainant Ext. A1 – Copy of Certificate of Registeration Ext. A2 - Copy of lawyer notice Ext. A3 - Copy of lawyer notice dated 10/10/2007 Ext. A4 - Copy of letter dated 10/10/2009
Exhibits marked on the side of the Opposite Party Nil Forums Exhibits Nil Cost (allowed) Rs.500/- (Rupees Five hundred only)
| | HONORABLE Smt.Bhanumathi.A.K, Member | HONORABLE Smt.Seena.H, PRESIDENT | HONORABLE Smt.Preetha.G.Nair, Member | | 
