BEFORE THE DISTRICT FORUM: KURNOOL

Present: Sri. T.Sundara Ramaiah, B.Com B.L., President

And

Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member

And

         Smt. S.Nazeerunnisa, B.A., B.L., Lady Member

Thursday the 17^th day of MAy, 2012

C.C.No.16/2008

Between:

1.  Anand (died)

2.  B.Shyamala,

3.  B.Anil Preetham,

4.  B.Mamatha Preethi,

(Complainants 2 to 4 are added as per Orders in I.A.No.16/12)

All are residence of H.No.45-24-47-B5,

Venkataramana colony,

Kurnool.                                                           …Complainants

                                              -Vs-   

Venkata Ramana, S/o Not Known, Chit & Finance,

R/o 49-1A-199-3, Maddur Nagar, Kurnool.                                              …OPPOSITE PARTy

This complaint is coming on this day for orders in the presence of Sri.Rakop Eswaraiah, Advocate for complainants and Sri N.Nanda Kishore, Advocate for opposite party and upon perusing the material papers on record, the Forum made the following.                                            

                                              ORDER

(As per Sri. T.Sundara Ramaiah, President)                                                             C.C. No. 16/2008

1.     This complaint is filed under section 12 of C. P. Act, 1986 praying:-

1.   To direct the opposite party to return the vehicle or pay the value of the car for which the car was purchased (Rs.1,80,000/-) after deducting his balance of the amount;

1.   To pay Rs.10,000/- for high handedly seizing the side vehicle and Rs.3,000/- for mental agony and Rs.2,000/- towards the cost of litigation, in the interest of justice.

2.    The case of the complainant in brief is as under:- The complainant borrowed Rs.25,000/- from the opposite party on 01-11-1999 for necessary repairs of his Car bearing No. AE W 7519.  The opposite party issued account book.   The loan amount should be paid in 18 equal monthly installments at Rs.2,585/- each, besides additional finance of Rs.9,000/- and insurance charges of Rs.2,700/-, in all Rs.36,700/-.  The complainant paid Rs.21,178/- to the opposite party. Due to the financial problems the complainant failed to pay balance amount of Rs.15,522/-.  On 12-06-2005 the opposite party seized the vehicle of the complainant without giving any notice or intimation.  After seizing the vehicle the opposite party sold it to another person without any intimation to the complainant.  The opposite party did not pay the complainant the balance amount after deducting the amount of Rs.15,522/- payable by the complainant.  The opposite party did not give any reply notice for the notice got issued by the complainant.  Hence the complaint.

3.     Opposite party filed written version stating that the complaint is not maintainable. The opposite party is a firm carrying on finance business under the name and style Venkataramana Vehicle Finance, represented by its Managing Partner M.C.K.Durga Prasad.  The complainant cleared the loan by 15-11-2001. Opposite party addressed a letter to RTA, Kurnool for deletion of hypothecation endorsement in the R.C.  The complainant transferred the vehicle to his vendee.  The vendee in turn hypothecated the vehicle to Mahalakshmi Financiers on 07-03-2002.  The said hypothecation was cleared on 24-01-2003.  Further the vehicle was transferred to one Suresh Babu.  Again it was hypothecated to M.G. Brothers on 24-01-2003 and it was cleared on 11-03-2004.  The complainant was not the owner of the vehicle by   12-06-2005.  The vehicle was not seized by the opposite party on 12-06-2005.  The complainant suppressed the real facts and filed the present complaint to gain wrongful.  The complaint is liable to be dismissed. 

4.     This complaint has been restored to its original file as per the orders of the A.P. State Consumer Disputes Redressal Commission, Hyderabad dated 16-08-2011 in F.A.No.711/2008. The first complainant died and his legal representatives are brought on record as per the orders in I.A.16/2012. 

5.     On behalf of the complainants Ex.A1 to A6 are marked and sworn affidavit of the 2^nd complainant is filed. On behalf of the opposite party Ex.B1 to B3 are marked and sworn affidavit of Sri.M.C.K.Durga Prasad, Managing Partner of Sri Venkataramana Auto Finance, Kurnool is filed.

6.     Both sides filed written arguments.

7.     Now the points that arise for consideration are:

1. Whether there is deficiency of service on the part of Opposite Party?

1. Whether the complainants are entitled for the reliefs as prayed for?

1. To what relief?

8.      POINTS i and ii:- Admittedly the first complainant was the owner of the Ambassador Car bearing No. AE W 7519.  The first complainant borrowed Rs.25,000/- from the opposite party on         01-11-1999 to get his car repaired.  The loan amount was repayable in 18 equal monthly installments at Rs.2,585/- each, besides additional finance of Rs.9,000/- and insurance charges of Rs.2,700/-, in all Rs.36,700/-.   It is the case of the first complainant that he paid an amount of Rs.21,178/- to the opposite party and failed to pay balance amount of Rs.15,522/-.  It is the case of the opposite party that the first complainant cleared the entire loan amount by 15-11-2001 and the opposite party itself addressed a letter to the RTA, Kurnool for deletion of hypothecation endorsement in the Registration Certification of the vehicle.  The opposite party filed copy of the Ledger relating to the vehicle finance of the first complainant.  As seen from Ex.B3 it is very clear that the entire amount due to the opposite party was paid     by 15-11-2001.   Ex.B2 is the letter addressed to the RTA, Kurnool by opposite party on 15-11-2001.  It is stated in Ex.B2 that the entire amount was received in respect of hire purchase agreement entered into with the opposite party by hirer Sri B.Anand (First Complainant).  As seen from Ex.B2 it is very clear that by 15-11-2001 no amount was due to the opposite party by the first complainant regarding hire purchase agreement in respect of the car bearing No.AEW 7519.

9.     It is the case of the opposite party that the first complainant was not the owner of the car bearing No.AEW 7519 by 12-06-2005.  The opposite party in support of its contention filed Ex.B1 Form–24                  B-Register of Motor Vehicle bearing No.AEW 7519.  Ex.B1 was issued by Additional Registering Authority, Kurnool.  As seen from Ex.B1 it is very clear that the said vehicle was hypothecated to Sri Mahalakshmi Auto Finance under hire purchase agreement dated 07-03-2002.  It is also mentioned in Ex.B1 that the said vehicle was hypothecated to M.G. Brothers Finance Limited under hire purchase agreement on 24-01-2003.  From the entries Ex.B1 it is very clear that one Anwar Khan.P was the owner of the car bearing No.AEW 7519 with effect from 11-03-2004.  In the light of entries in Ex.B1 the contention of the first complainant that the vehicle was seized from him on 12-06-2005 without giving any notice cannot be believed at all.  It is not the case of the first complainant that the vehicle was forcible seized from him on 12-06-2005.  According to the first complainant he committed default in payment of the installments.  In a decision reported in             I (2012) CPJ 143 the Honourable Karnataka State Consumer Disputes Redressal Commission, Bangalore held that if borrower fails to repay installments regularly, financer is entitled to seize the vehicle without service of prior notice.  In the instant case also according to the complainant he committed default in payment of the installments to the opposite party.  The opposite party got right to seize the vehicle even without giving prior notice.  The first complainant filed the complaint against one Venkataramana who is nothing to do with the Venkataramana Vehicle Finance, Kurnool.  The present complaint is filed against a wrong person.  As seen from the records available it is very clear that the first complainant availed the loan from Venkataramana Vehicle Finance, Kurnool and he repaid the entire amount by 15-11-2001.   No deficiency of service is found on the part of the opposite party.

10.    In the result, the complaint is dismissed without costs.

        Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 17^th day of May, 2012.

Sd/-                                      Sd/-                                 Sd/-

MALE MEMBER                    PRESIDENT               LADY MEMBER

                                 APPENDIX OF EVIDENCE

                                    Witnesses Examined

For the complainants : Nil                 For the opposite party : Nill

List of exhibits marked for the complainants:-

Ex.A1                Pass Book of complainant.

Ex.A2                Venkata Ramana Vehicle Finance Receipts (Nos.5).

Ex.A3                Office copy of Legal Notice dated 29-03-2007.

Ex.A4                Courier Receipt dated 02-04-2007.

Ex.A5                National Insurance Company Motor Vehicle Insurance

                Cover Note No.14921 dated 01-11-1999.

Ex.A6                Venkataramana Auto Financier Notice Card.

List of exhibits marked for the opposite party:-

Ex.B1                Photo copy of Form – 24 B Register of Motor Vehicle

No. AE W 7519 dated 04-02-1987.

Ex.B2                Photo copy of Letter by opposite party to Regional

                Transport Authority, Kurnool dated 15-11-2001.

Ex.B3                Photo copy of Ledger Extract.

Sd/-                                      Sd/-                                 Sd/-

MALE MEMBER                    PRESIDENT               LADY MEMBER

 // Certified free copy communicated under Rule 4 (10) of the

A.P.S.C.D.R.C. Rules, 1987//

Copy to:-

Complainant and Opposite parties  :

Copy was made ready on             :

Copy was dispatched on               :