Mr. S.M.Balasubramani,

S/o. S.Murugesan,

New No. 10, Old No. 8/53,

Sengottaiah Colony,

Sundarapuram, Coimbatore. --- Complainant

Vs.

1. M/s. the Family Credit Ltd.,

Rep.by its Manager,

Mr.Arumugam,

“Sthithi Souare”

II Floor, 58, Pankaja Mill Road,

Ramanathapuram,

Coimbatore – 641045.

2. Mr. Durairaj,

“Sathithi Souare”,

II Floor, 58, Pankaja Mill Road,

Ramanathapuram,

Coimbatore – 641045.

3. Mr.Srinivasan,

“Sthithi Souare”,

II Floor, 58, Pankaja Mill Road,

Ramanathapuram,

Coimbatore – 641045.

4. The Manager,

The Family Credit Limited,

(Formerly Apeejay Finance Group Ltd.,)

Regd.Office: “Technpolis”

7th Floor wing-A Block BP, Sector-V,

Salt lake, Kolkatta – 700 091. --- Opposite Parties.



This case coming on for final hearing before us today in the presence of Mr.M. Thiyagarajan, Mr.Siji Thiyagarajan and Mr.D.Vimalraj Advocates for complainant and the opposite parties remained absent and set exparte and upon perusing the case records and hearing the arguments and the case having stood over to this day for consideration, this Forum passed the following:

ORDER

Complaint under Section 12 of the Consumer Protection Act, 1986 seeking direction against the 1st Opposite party to return a sum of Rs.2,820/- which was excessively received from the complainant and Rs.1,00,000 towards compensation for damages and mental agony and to pay cost of the proceedings.

The case of the complaint are as follows:

1. The Complainant had purchased a Maruthi Zen 2000 model car from one M/s. Mannadiyars & Co. and for the said purchase of the car the said M/s. Mannadiyars & Co had introduced the 1st Opposite Party to the Complainant with whom the Complainant had availed a car loan for a sum of Rs.1,00,000/- as per the loan agreement No.124507 dated 15.5.08. One Mr.Durairaj ( 2nd Opposite Party) who is the representative of the 1st Opposite Party, assured that the monthly EMI is fixed at Rs.2,820/- and it will be cleared by way of E.C.S on every 16th of English calendar as per Complainant’s desire. The Complainant had also accepted the same and has been depositing the sufficient amount in his account in every month to satisfy the EMI amount. As assured by the said Mr. Durairaj i.e. 2nd Opposite Party the first installment was cleared on 16.06.08 by way of E.C.S. But to the shock and surprise of the Complainant the Opposite Party No.1 had broken their assurance and collected the second installment as early on 7.07.08 by way of E.C.S from the Complainant’s account without any intimation or information.

2. The Complainant approached the manager of the 1st Opposite Party to express his grievances regarding the collection method and date of the E.C.S clearances. But adding more injury to the wound the manager Mr.Arumugam more than refusing to heed the Complainant’s grievances, had insulted the Complainant whenever the Complainant has called him through his mobile number. The said Manager behaved totally irresponsibly and at no time the manager looked like to respond and heed to the grievance of the Complainant but instead of it the manager began to push the Complainant from pillar to post and was just postponed the days. one Mr.Srinivasan (the 3rd Opposite Party) visited the Complainant’s residence in the absence of Complainant and harassed the wife of the Complainant with filthy language and threatened to make the EMI with fine Rs.350/- immediately.

3. Consequently due to the force and fear the Complainant’s wife has paid Rs.2,820/- towards the monthly installment on 16.8.08 for the month of August 2008 vide bill No. 13/1573 to the said Mr.Srinivasan i.e. the 3rd Opposite Party. After the Complainant verified his bank account on the same day, to the shock and surprise of the Complainant the 1st Opposite Party had also collected the monthly installment by way of E.C.S for the month of August 2008 on 14.08.08. Further the Complainant states that the above said Mr.Srinivasan i.e. the 3rd Opposite Party has misrepresented before Complainant’s wife only due to the force of the Manager Mr.Arumugam with an illmotive with evil intention to get an illegal gain from the Complainant. Further the Complainant had repeatedly approached the 1st Opposite Party and office bearers over phone and in person, but they continuously refused to heed Complainant’s grievances.

4. Due to the 1st Opposite Party deficiency in service the Complainant got lots of mental stress, loss of money and time. On 28.08.08 the Complainant sent a legal notice to the 1 to 4 Opposite Parties calling upon the Opposite Parties to inform the loan details and repayment track and return the illegally collected amount of Rs.2,820/- and further to fix the EMI date on 16th of every English calendar as assured and to stop sending persons to visiting and threatening the Complainant. The above such notice was received by the 4th Opposite Party where no reply has been sent and for others the postal covers returned as “left”. So after verifying the correct address on 1.09.08 the Complainant has sent a further registered legal notice to the 1st and 3rd Opposite Party which was received by them on 2.09.08 and no reply has been received by the Complainant yet. Hence this complaint.



The point for consideration is

1. Whether the opposite party has committed deficiency in service?

If so to what relief the complainant is entitled to?



ISSUE 1:

5. The case of the complainant is that on 15.5.2008 he has purchased a Maruti Zen 2000 model and availed a car loan for a sum of Rs.1,00,000 as per the loan agreement No.124507, one Mr.Durairaj, the 2nd opposite party who is the representative of the 1st opposite party assured that the monthly EMI will be cleared by way ECS on 16th of English Calender month as per the complainant's desire, on 16.6.08 when the 1st instalment was cleared by way of ECS, but on 7.7.08 the opposite party had broken their assurance and collected the 2nd instalment as early by way of ECS from the complainant's account without any intimation or information. Further the 2nd opposite party visited the complainants residence in the absence of complainant and harass the wife of the complainant and due to the force and fear the complainant's wife has paid Rs.2820 towards the monthly installment on 16.8.08 for the month of August 2008. But actually 1st opposite party had already collected installment by way of ECS for the month of August 2008 on 14.8.08.

6. Ex.A1 is the receipt dt.16.8.08 for the payment of Rs.2820 by the wife complainant to the 3rd opposite party Mr.Srinivasan for the month of August 2008. Ex.A2 is the Indian Overseas bank statement for the period from 1.4.2006 to 17.12.2008. As per this document on 14.8.08 the opposite party has also collected Rs.2820 by way of ECS. So the opposite parties have collected EMI for the month of August 2008. Ex.A3 is the legal notice dated 28.8.08, though they received the notice, there was no reply from the opposite parties. The complainant has proved his case by way of documents as well as Proof Affidavit. The opposite parties have committed deficiency in service. Hence they are liable to pay compensation to the complainant.

7. In the result, we direct the opposite party No.1 to return a sum of Rs.2820 which was excessively received from the complainant, to pay a compensation of Rs.10,000 towards damages and mental agony to the complainant and to pay cost of Rs.1000 within one month from the date of this order failing which the complainant is at liberty to execute this order u/s.25 and 27 of the Consumer Protection Act, 1986.This complaint as against the opposite parties 2 to 4 is dismissed. No costs.