KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.
APPEAL NO. 694/2011
JUDGMENT DATED : 14.2.12
PRESENT:
SMT. A. RADHA : MEMBER
1. Shriram Transport Investments Ltd.,
1st Floor, Arafa Tower,
Veliyonour, Thrissur,
Represented by Manager.
: APPELLANTS
2. The Branch Manager,
Sreeram Transport Investments,
Alappuzha.
(By Adv. Sasthamangalam R. Jayakrishnan)
Vs
Vijayan S., Vijaya Sarass,
Mannacherry P.O., Alappuzha. : RESPONDENT
JUDGMENT
SMT. A. RADHA : MEMBER
Aggrieved by the order passed by the CDRF, Alappuzha in CC No. 154/2008 the appellants came up in this appeal.
2. The case of the complainant is that the vehicle purchased availing finance from the opposite parties for Rs.1,00,000/- on agreement to repay Rs.1,50,250/- in 30 installments. The complainant approached the opposite parties to close the loan account and to release the NOC. The opposite parties demanded for Rs.73,333/- on 2.8.07 and the complainant was compelled to remit Rs.63,000/- on 3.8.07. The balance amount of Rs.10,401/- was due which was written off by the opposite parties. The complaint is filed alleging that the opposite parties collected excess amount.
3. The opposite parties filed objection wherein it is stated that the complainant took a loan of Rs.1,00,000/- as per agreed repayment schedule. The repayment schedule was to pay 24 installments @ Rs.5,210/-,25th to 29th @ Rs.4,210/- each and 30th installment of Rs.4,160/- which was fixed as Rs.1,50,250/- including interest and policy premium. The defaulted payment of installments will be charged at the rate of 36% p.a as overdue compensation.
4. When this appeal came up for hearing before this commission the respondent/complainant was absent. The counsel for the appellants submitted that the opposite parties paid Rs.20,337/- as insurance premium in 2007 to the Insurance company. It is also submitted that the opposite parties had to pay Rs.13,009/- and Rs.10,864/- towards insurance policy in 2005 and 2006 respectively as evidenced by Ext. B4. The counsel relied on Ext. B4 wherein the details of payment of loan amount and the split up details towards principal and interest were shown. Reliance is also placed on Ext.B3 wherein the amount due was Rs.2,20,373/- as on 2.8.07 out of which the complainant paid only Rs.1,47,040/- and balance amount to be paid to the opposite parties was Rs.73,333/-. On 3.8.07 the complainant paid Rs.63,000/- and the balance shown is 10,401/-. The cash deposit register of the Oriental Insurance Company dated 4.10.07. (Ext. B2) shows to the credit of Rs.5,674/- as on 12.9.07. The counsel for the appellants argued that the appellants charged the amount only towards the loan account as on 3.8.07. The balance amount of Rs.10,401/- was written off and prayed that there is no deficiency in service on the part of the appellant and to dismiss the complaint.
5. On hearing the counsel for the appellants in detail and on going through the documents, this commission is of the view that the appellants/opposite parties granted the loan to the respondent/complainant on a specific repayment schedule and it is admitted by the opposite parties that the total amount to be remitted was fixed as Rs.1,50,250/- including interest and insurance premium. The over due compensation is shown as Rs.40,371/-. It is to be pointed out that Ext. B4 includes the 3 installments of insurance policy which cover over due compensation also. The specific repayment schedule includes the loan amount, interest and insurance premium. In this case respondent/complainant already paid Rs.1,47,040/- and Rs.63,000/- which comes to Rs.2,10,040/- and the appellant is not entitled to collect any amount beyond the repayment schedule. It is evident from the documents submitted by the opposite parties that the opposite parties/appellants collected Rs19,419/- in excess of the due amount.
Hence this commission uphold the order of the Lower Forum and appeal is dismissed.
Office is directed to send a copy of this order along with the lower court records to the Lower Forum.
SMT. A. RADHA : MEMBER
Da
