IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 22nd day of December, 2011.
Present : Sri. Jacob Stephen (President).
Sri. N. Premkumar (Member)
C.C.No.125/2011 (Filed on 18.05.2011)
Between:
Babu.P.S.,
Puthen Veedu,
Santhosh Junction,
Pathanamthitta.
(By Adv. Sanal George) ….. Complainant
And:
1. Vinay Finance Corporation,
82 Audippa Naicken Street,
Ground Floor, Sowcarpet,
Chennai, Tamilnadu – 600 079.
2. Shriram Transport Finance Co. Ltd.,
Mookambika Complex, 3rd Floor,
4 Lady Desila Road, Mylapore,
Chennai – 600 004.
3. Branch Manager,
Shriram Transport Finance Co. Ltd.,
College Road, Pathanamthitta.
4. Vijaya Kumar, Proprietor,
Surya Enterprises,
Thazhe Vettipram,
Pathanamthitta.
5. Franchise Manager,
Shriram Transport Finance Co. Ltd.,
Kiliyalathu Plaza, Near KSRTC Bus Station,
Kayamkulam, Alapuzha Dist. ….. Opposite parties.
O R D E R
Sri. N. Premkumar (Member):
Complainant filed this complaint against the opposite parties for getting a relief from the Forum.
2. Fact of the case in brief is as follows: The 1st and 2nd opposite parties are carries on their business through their branches and agents at Pathanamthitta. The complainant had availed a loan from the 2nd opposite party for the purchase of a Toyota Qualis vehicle bearing Reg.No.KL-3F 511. The 4th opposite party is the local agent of the 1st and 2nd opposite parties.
3. According to complainant, the loan transaction was commenced on 5.6.2008 and the entire loan instalments were remitted by 5.6.2010 i.e. within the required time. He had not made any default in remitting back the loan amount within the stipulated period. At present no amount is due from the complainant to opposite parties. At the time of availing the loan, the complainant had entrusted the opposite parties 4 signed blank cheques and a signed blank ` 50 non-judicial stamp paper with certain other papers as directed by the officials of 1st opposite party. An entry was entered into the Registration Certificate of the complainant’s vehicle for which he had availed the loan.
4. Though complainant remitted back the entire loan instalments, opposite parties failed to issue no objection certificate and not to return the documents which they had accepted as security. Complainant send a notice to opposite parties and all of them except 4th opposite party had accepted it. But they had not responded so far. Hence this complaint for getting the non-objection certificate and the return of documents with compensation and cost.
5. Opposite parties 1 and 4 were not appeared. Hence they were declared as exparte.
6. Opposite parties 2, 3 and 4 entered appearance and filed version stating that complaint is not maintainable either in law or on facts. According to them, 1st opposite party is the franchise of the 2nd opposite party and appointed the 1st opposite party as its agent and funded to the 1st opposite party for lending the loan to the general public. In this regard, 1st and 2nd opposite parties had entered into an agreement on 1.6.2008. 1st opposite party directed to find out suitable customers to lend loan to them, then collect the loan amount and pay it to the 2nd opposite party. Thus the 2nd opposite party has no direct link with the customers found by the 1st opposite party. But an entry used to make in the R.C.Book of the vehicle purchased with the fund of the 2nd opposite party. 1st opposite party may have some connection with 4th opposite party but as far as 2nd opposite party is concerned the 4th opposite party is a total stranger. These opposite parties are not in possession with any of the document stated in the complaint.
7. According to opposite parties, complainant had taken a loan of ` 2,30,000 from 2nd opposite party through 1st opposite party for his vehicle. The total agreement value is ` 2,93,472 to which ` 12,228 is remitted so far. Now the total amount due from the complainant is `5,98,339. The termination demanded by the complainant can be given subject to the remitting the said amount. The money advanced by the 2nd opposite party is running under the strict guidelines of R.B.I.
8. The 2nd opposite party do have a branch office at Pathanamthitta. Complainant did not state where he had made the payment and whether he had received any receipt from this opposite party. This opposite parties are not in possession of any of the document of the complainant. Hence they canvassed for the dismissal of the complaint.
9. From the above pleadings, the following points are raised for consideration:
(1) Whether the complaint is maintainable before the Forum?
(2) Whether the relief sought for in the complaint are allowable?
(3) Reliefs & Costs?
10. Evidence of the complaint consists of the oral deposition of PW1 and Exts.A1 to A4 series. After closure of evidence, both parties were heard.
11. Point Nos. 1 to 3:- In order to prove the complainant’s case, complainant filed proof affidavit and documents. He was examined as PW1 and the documents produced were marked as Exts.A1 to A4. Ext.A1 is the copy of R.C. Book of the vehicle. Ext.A2 series are the receipts (23 numbers) of remitting instalments of loan to opposite parties. Ext.A3 is the copy of notice issued to opposite parties. Ext.A4 series are the five postal receipts of Ext.A3.
12. Apart from version, opposite parties 2, 3 and 4 have not adduced any oral or documentary evidence to prove their case.
13. On the basis of the contention and averment of the parties, we have perused the entire material on record. Complainant’s case is that opposite parties had not issued non-objection certificate and return of documents even though he remitted the entire loan amount of the vehicle. 2nd, 3rd and 4th opposite parties contention is that, 1st opposite party is the franchise of 2nd opposite party for lending loan to general public. 2nd opposite party has no direct link with customers. They are not in possession of any documents. According to them, complainant remitted only ` 12,228 and his total due is ` 5,98,339.
14. It is seen that there is no dispute regarding the amount of loan taken and the number of instalment. The only dispute is that complainant has not clear the entire loan outstanding.
15. 2nd, 3rd and 4th opposite parties contention is that complainant paid only ` 12,228 as repayment amount. But on a perusal of Ext.A2 series, it is learned that complainant remitted 22 instalments and the total payment goes up to ` 3,19,880. As per record the said amount accepted by 1st opposite party the franchise of 2nd opposite party. The 2nd opposite party has not appeared.
16. Though complainant produced Ext.A2 series, he willfully not disclosed the actual payment. Both sides failed to produce either the statement of account or the repayment schedule to prove their respective contentions. On perusing Ext.A2 series alone we cannot come to a conclusion that complainant has cleared the entire dues. In the absence of cogent evidence showing that the complainant had cleared the entire dues and due to the non disclosure of real facts by the complainant we cannot find any deficiency on the part of opposite parties. Hence complaint is not allowable.
17. In the result, complaint is dismissed. No cost.
Declared in the Open Forum on this the 22nd day of December, 2011.
(Sd/-)
N. Premkumar,
(Member)
Sri. Jacob Stephen (President) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : P.S. Babu
Exhibits marked on the side of the complainant:
A1 : Photocopy of R.C. Book of the vehicle.
A2 series : Photocopy of the receipts (23 numbers).
A3 : Photocopy of notice dated 26.11.2010 sent by the complainant to
opposite parties.
A4 series : Postal receipts of Ext.A3.
Witness examined on the side of the opposite parties: Nil.
Exhibits marked on the side of the opposite parties: Nil.
(By Order)
(Sd/-)
Senior Superintendent
Copy to:- (1) Babu.P.S., Puthen Veedu, Santhosh Junction, Pathanamthitta.
(2) Vinay Finance Corporation, 82 Audippa Naicken Street,
Ground Floor, Sowcarpet, Chennai, Tamilnadu – 600 079.
(3) Shriram Transport Finance Co. Ltd., Mookambika Complex,
3rd Floor, 4 Lady Desila Road, Mylapore, Chennai – 600 004.
(4) Branch Manager, Shriram Transport Finance Co. Ltd.,
College Road, Pathanamthitta.
(5)Vijaya Kumar, Proprietor, Surya Enterprises, Thazhe
Vettipram, Pathanamthitta.
(6) Franchise Manager, Shriram Transport Finance Co. Ltd.,
Kiliyalathu Plaza, Near KSRTC Bus Station,
Kayamkulam, Alapuzha Dist.
(7) The Stock File.
