By Sri. Mohamed Ismayil.C.V, Member
The grievances of the complainant is as follows:-
1. The complainant had purchased a Honda Scooter No.KL-53-R-0028 after availing a loan of Rs. 83,600/- from the opposite parties. As per the loan agreement, the complainant was directed to pay monthly instalment of Rs. 3,281/-(Rupees Three thousand two hundred and eighty one only) for a span of 36 monthly instalments which comes to the tune of Rs. 1,18,116/- (Rupees One lakh eighteen thousand one hundred and sixteen only). The loan period was started from 02/02/2020 and end up to 02/01/2023. It is stated in the complaint that even at the time of cancer treatment, the complainant managed to pay Rs. 5,26,664/- as 16 instalments to the opposite party by the date of 02/02/2022. So the complainant is liable to pay only Rs. 29,529/- to the opposite parties up to 02/02/2022. The loan period will be ended on 02/01/2023. According to the complainant, he assured of making full repayment within the period of loan i.e, 02/01/2023 and he convinced his physical condition to the opposite party. But the opposite party demanded to repay Rs. 84,096/- instead of dues of 9 instalment’s amount i.e, Rs. 29,529/- (Rupees Twenty nine thousand five hundred and twenty nine only). The opposite party is not liable to pay such huge amount as claimed by the opposite party. It is alleged by the complainant that the opposite party is diverting the amount into different heads and also trying to collect exorbitant penal interest from the complainant. On 05/02/2020, the opposite party repossessed the subject vehicle under the strength of a Court order. The opposite parties repossessed the vehicle without permitting the complainant to make repayment of defaulted instalments. The loan repayment period is stipulated up to 02/01/2023. But the opposite parties repossessed the vehicle without considering the physical condition of the complainant. The complainant stated that he is ready to repay the entire defaulted amount to the opposite party. The act of the opposite parties are amounted to unfair trade practice and exploitation of the consumer. The opposite parties are liable to return the vehicle after receiving the defaulted amount. It is alleged that the opposite parties are going to conduct auction sale of the subject vehicle on 22/02/2022. According to the complainant, if auction is conducted in such a way, then he will be put to irreparable loss and damages. The act of the opposite parties caused mental agony and hardship to the complainant. So the complainant approached the Commission for redressing the grievances. The complainant prayed for an order to exonerate him for paying penal interest, interest illegally added in EMI, cheque bounce charges and direct the opposite parties to receive the EMI as per the terms of the agreement. The complainant also prayed for prohibiting the opposite parties from conducting auction sale of the subject vehicle and hand over the same with its documents. The complainant claimed Rs. 1,00,000/-(Rupees One lakh only) from the opposite parties with 10% interest as compensation for the damages and loss sustained due to the act of the opposite parties. The complainant claimed another Rs. 25,000/- from the opposite parties as the cost of the proceedings. The complainant also prayed for a direction to the third opposite party in this case to make sufficient endorsement in Registration Certificate of the vehicle with regard to change of ownership.
2. The complaint admitted on file and issued notice to the opposite parties. The opposite parties appeared before the Commission. The first and second opposite parties appeared through counsel but not filed version within the statutory period contemplated in the Consumer Protection Act. Later the first and second opposite parties filed version along with an application numbered as IA 445/2022 to receive the version on the file of the Commission. But the Commission dismissed this application as the version was filed beyond the time limit prescribed in the statute. The third opposite party filed version within the statutory period. The first and second opposite parties are the financial institution from which the complainant secured money for purchasing the scooter. The third opposite party is the Sub Regional Transport Office, Perintalmanna Taluk. Along with the complaint, the complainant filed an interim application praying for an order restraining the first and second opposite parties from conducting auction sale of the subject vehicle. The Commission considered the interim application and ordered the opposite parties restraining from the auction sale of the subject vehicle.
3. The third opposite party stated in the version that no actions were taken so far with regard the subject vehicle and there was no change in the ownership as it remained in favour of the complainant.
4. The complainant filed affidavit and produced documents. The documents
produced by the complainant are marked as Ext. A1 to A6 documents. Ext. A1 document is the copy of Certificate of Registration (Form 23) of the vehicle. Ext. A2 document is the copy of transaction statement with regard to the payment made to first and second opposite parties. Ext. A3 document is the copy of instalment chart given by the first and second opposite parties. Ext. A4 document is the copy of legal notice dated 27/11/2021 issued by the first and second opposite parties to the complainant. Ext.A5 document is the copy of discharge summary dated 01/12/2018 issued from MVR Cancer and Research Institute. Ext. A6 document is the copy of notice dated 07/02/2022 issued by the first and second opposite parties. The first and second opposite parties are not in the fray to contest the matter. Moreover the third opposite party did not file affidavit. So in the matter of evaluation of evidence the complainant’s side is remained alone.
5. Heard the complainant. Gone through documents and affidavit. The Commission considered the following points for the final disposal of the case.
- Whether the first and second opposite parties have committed any kind of unfair trade practice or deficiency in service towards the complainant.
- Relief and cost of the proceedings.
6. Point No.1 and 2:-
The complainant averred that he purchased a scooter with the financial assistance of the first and second opposite parties. The complainant produced copy of registration certificate of the vehicle and marked it as Ext. A1 document. The total loan amount was Rs. 83,600/- and the complainant had to repay monthly instalment of Rs. 3,281/- for a period of 36 months starting from 02/02/2020 to 02/01/2023. The complainant stated in the complaint as well as in the chief affidavit that he remitted Rs. 5,26,664/-(Rupees Five lakh twenty six thousand six hundred and sixty four only) towards the loan amount until 02/02/2022. The Commission finds a clerical mistake on the part of the complainant to state the exact amount paid to the first and second opposite parties before the Commission. According to the complainant, he had paid only 16 instalments till the date of 02/02/2022. But the complainant should have paid 25 instalments by that time. The complainant produced copy of statements of account showing the transaction and marked as Ext. A2 document. The complainant also produced the copy of instalments chart issued by the opposite parties to the complainant and it is marked as Ext. A3 document. But Ext. A2 document reveals different dates in which the complainant made repayment of instalments of loan comparing to Ext. A2 Document. When going through Ext. A2 document it can be seen that the complainant remitted a total of Rs. 52,664/- (Rupees Fifty two thousand six hundred and sixty four only). It is stated by the complainant that he defaulted Rs. 29,529/- up to the period of 02/02/2022 in repayment of instalments. Moreover the Ext. A2 document also shows that he was not properly remitted the instalments on its corresponding due date. According to the complainant the default is occurred due to his treatment for cancer. The complainant produced copy of discharge summary issued by the hospital and marked it as Ext. A5 document by the Commission. The Commission finds that the contents of agreement executed between the parties play a vital role in determining the rights and liabilities of the parties involved in the agreement. In this case the complainant did not produce the agreement executed at the time of availing loan. It is also stated in the complaint that the vehicle was repossessed by the opposite parties on 05/02/2020 under the strength of a Court order. But the complainant did not submit details of the Court order before the Commission. As per the evidence available before the Commission, it can be seen that the complainant made last instalment on 04/12/2021. It clearly shows that even after repossession of the vehicle by the opposite parties, the complainant had repaid a huge amount of Rs. 46,132/- (Rupees Fourty six thousand one hundred and thirty two only) into the loan account. But in the complaint, it is stated that the opposite parties repossessed the vehicle without permitting the complainant for repayment of due instalments. So Ext. A2 document is self contradicting one and so the contention made in the complaint required more accurate and stringent evidence to adjudicate the matter in favour of the complainant. The complainant produced the copy of notice dated 27/11/2021 issued by the opposite parties to the complainant demanding to repay the due amount and same is marked as Ext. A4 document. From the evidence available in this case, the Commission finds that no steps were taken by the complainant consequent to the receipt of Ext. A4 notice. After the repossession of vehicle, with the help of Court order, the opposite parties issued another notice dated 07/02/2022 to the complainant declaring the auction sale of the vehicle and same is marked as Ext. A6 document. But no action was taken by the complainant. So as long as a Court order is pending even though no details are available before the Commission, there is no compelling situation for the interference of the Commission in this case. One of the reliefs sought by the complainant is that he should be exonerated from the financial liabilities arising out of the agreement executed between himself and the opposite parties. But at the same time the complainant failed to submit details of terms and conditions of the loan agreement. This Commission is incapable making an order to direct the opposite parties to receive the due amount of loan without considering the factual situation of the transaction. Ext. A2 documents produced by the complainant shows that the complainant defaulted in repayment of the loan instalments. Moreover the complainant is admitted that he is liable to pay the balance amount of the loan instalment. So considering the evidence of the case, the Commission cannot allow relief sought by the complainant. The contention raised in the complaint lacked bonafide and complainant failed to adduce sufficient evidence to substantiate his claims. Hence the complaint stands dismissed.
Dated this 10th day of April, 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A6
Ext. A1 : Document is the copy of Certificate of Registration (Form 23) of the vehicle . Ext. A2 : Document is the copy of transaction statement with regard to the payment
made to first and second opposite parties.
Ext. A3 : Document is the copy of instalment chart given by the first and second
opposite parties.
Ext. A4 : Document is the copy of legal notice dated 27/11/2021 issued by the first
and second opposite parties to the complainant.
Ext.A5 : Document is the copy of discharge summary dated 01/12/2018 issued from
MVR Cancer and Research Institute.
Ext. A6 : Document is the copy of notice dated 07/02/2022 issued by the first and
second opposite parties.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
