Sri. P. Satheesh Chandran Nair (President):
The complainant filed this complaint against the opposite parties for getting a relief u/s.12 of the C.P. Act 1986.
2. The case of the complainant is as follows. The complainant availed a loan for an amount of Rs.50,000/- from the opposite party for the purchase of a Bike. As per the agreement between the parties the complainant has to pay an amount of Rs.2,178/- per month to the complainant in 36 installment. According to the complainant on 07/03/2013 to 07/04/2016 he repaid the whole loan amount to the opposite party. It is contented that though the complainant paid the entire loan amount the opposite parties failed to issue Non- Objection Certificate to the complainant for deleting the hypothecation endorsement from his registration certificate book. The opposite parties purposefully included the complainant in CIBIL. This act of the opposite parties is deficiency in service and they are liable to the complainant. Hence this case for directing the opposite party for issuing non-objection certificate, deleting from CIBIL list, compensation, cost etc. etc.
3. This Forum entertained the complainant and issued notice to opposite parties for appearance. The opposite parties entered appearance and filed a joint version as follows. According to the opposite parties the case is not maintainable either in law or on facts. It is admitted that the complainant availed a loan from the opposite party and purchased a Yamaha Bike. As per the agreement between the parties from 09/05/2013 to 07/04/2016 the complainant has to repay the installment of Rs.2,178/- per months in 36 installment. It is contented that from 07/07/2015 onwards the complainant failed to repay the installments hence the opposite party settled the loan transaction with the complaint in an ADALATH for Rs.22,030/-. The complainant out of that amount, complainant paid Rs.15,000/- to the opposite party and issued a cheque for the remaining amount. The said cheque was dishonored, so that on 15/03/2016 onwards the complainant again became the defaulter of the opposite party. It is contented that the opposite party did not commit any deficiency in service as alleged by the complainant. Therefore the opposite parties prayed to dismiss the complaint with cost.
4. On the basis of the complaint, version and records before us and framed the following issues for consideration.
1. Whether this case is maintainable before this Forum?
2. Whether the opposite parties are committed any deficiency
in service against the complainant?
3. Regarding relief and costs?
5. In order to prove the case of the complainant, complainant he who filed a proof affidavit in lieu of his chief examination and examined him as PW1. Through PW1 Ext.A1 to A5 were also marked. Ext.A1 is the loan transaction details dated 19/11/2016. Ext.A2 is the schedule of repayment list. Ext.A3 is a letter issued by the complainant. Ext.A4 is the postal receipt related to Ext.A3. Ext.A5 is the CIBIL consumer credit information report dated 21/03/2017. On the other side the opposite party also filed a proof affidavit in lieu of his chief examination and marked Ext.B1 to B3 in their favour. Ext.B1 is the loan agreement of Indusind Bank. Ext.B2 is the statement of account dated 21/11/2017. Ext.B3 is the preliminary application dated 09/05/2013. The complainant is examined as PW1 and the opposite party’s witness is examined as DW1. After the closure of the evidence we heard both sides.
6. Point No. 1:- The opposite parties in this case strongly pleaded that this case is not maintainable either in law or on facts. When we peruse the evidence of this case it is come out in evidence to show that the complainant he who availed a vehicle loan from the opposite parties for the purchase of the motor Bike and it is also brought out in evidence that the complainant repaid the installment to the opposite party up to 07/07/2015 without any fail. On the basis of the above evidence we can come to a clear conclusion to the effect that the complainant is a consumer of the opposite party and the opposite parties are service providers of the complainant. Hence Point No.1 found in favour of the complainant.
7. Point No. 2&3:- The complainant he who examined as PW1 deposed in chief that he availed a loan of Rs.57,000/- (in complaint only Rs.50,000/-) from the opposite party subject to a repayment of 2,178/- per month in 36 installment from 07/03/2013 to 07/04/2016. In order to substantiate PW1’s contention he produced and marked Ext.A1 the loan transaction details, dated 19/11/2016. When we go through Ext.A1 it is to see that from 09/05/2013 to 7/06/2015 the complainant paid the repayment without any default. From 07/07/2015 to 07/03/2016 we can see that 9 cheques of the complainant were bounced and for all bouncing an amount of Rs.250/- debited in complainant’s account. It is also evident to see that on 15/03/2016 a direct cash deposit of Rs.15,000/- in favour of the complainant can be seen in Ext.A1 and an outstanding balance of Rs.9,080/- is also seen as mentioned in Ext.A1. On 07/04/2016 and on 16/04/2016 we can see that the opposite parties again imposed collection charges of cheque on complainant in the debit column. On the basis of the Ext.A1 itself we can see that the complainant was a defaulter from 07/07/2015 onwards. It is also evident to see that on that date the outstanding balance was Rs.21,780/-. When we compare Ext.A1 with Ext.A2 it is evident to see that the installment of the said transaction begins from 07/06/2013 and it ends on 07/04/2016 in 35 installments. In Ext.A2 it is also revealed that from 07/07/2015 to 07/04/2016 the cheque transaction could not been seen in Ext.A2. There is a cash payment of Rs.15,000/- dated 15/03/2016 can be seen in Ext.A1. Ext.A3 is a letter issued by the complainant to the opposite parties on 15/06/2017 stating the details of this case. Ext.A4 is the postal receipt of the issuance of Ext.A3. Ext.A5 dated 21/03/2017 is CIBIL consumer credit information report. When we verify Ext.A5 the complainant’s CIBIL score is stated as 538 and 562 respectively. When we evaluate the evidence adduced by the complainant we can see that he is a defaulter to the opposite party from 15/03/2016 onwards and also found that even on that date an outstanding balance amount of Rs.9,030/- can be seen in his account. As per Ext.A5, CIBIL Score, it is to understood that he is a defaulter in so many other bank transactions also.
8. In order to substantiate the contention raised by the opposite party DW1 produced the loan agreement between the complainant and the opposite party and it is marked as Ext.B1 before this Forum. Ext.B2 is the statement of account dated 21/11/2017 related to the repayment of the loan amount. When we peruse the 1st and 2nd page of Ext.B2 we can find that the said pages are one and same when compare with Ext.A1. Ext.B3 dated 09/05/2013 is the preliminary application to the opposite party with regard to the personal information for considering his loan request along with an application form for granting the above said loan.
9. As discussed above we can see that the complainant is a defaulter of the opposite party’s Bank and even at present there is no evidence to show that the complainant repaid the outstanding loan amount which is pending as dues. It is also come out in evidence that the opposite parties committed any kind of deficiency in service as alleged by the complainant. At this juncture we find that this complaint derived any merit at all and it has to be dismissed. Hence point No. 2 & 3 found against the complainant.
10. In the result we pass the following orders.
1. The case is dismissed.
2. No order for cost.
Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 30th day of May, 2018.
(Sd/-)
P. Satheesh Chandran Nair,
Smt. Sheela Jacob (Member) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1: Sugathan.G,
Exhibits marked on the side of the complainant:
A1: Loan transaction details dated 19/11/2016.
A2: Schedule of repayment list.
A3: Letter issued by the complainant.
A4 Postal receipt related to Ext.A3.
A5: CIBIL consumer credit information report dated 21/03/2017.
Witness examined on the side of the opposite parties:
DW1: Suresh.P
Exhibits marked on the side of the opposite parties:
B1: Loan agreement for Indusind Bank.
B2: Statement of account dated 21/11/2017.
B3: Preliminary application dated 09/05/2013.
(By Order)
Copy to:-
- Sugathan.G,
Samgamam, Kotta. P.O. Karakkad, Pathanamthitta.
- The General Manager,
Indus/Indusind Bank Limited,
Consumer Finance Division, Old No.115,
New No. 34, G.N.Chetty Road, T.Nagar, Chennai – 600 017.
- Branch Manager,
Indus/Indusind Bank Limited, Thukalasserry, Thiruvalla.
- The Stock File
