Kerala

Idukki

CC/29/2019

abdul kareem - Complainant(s)

Versus

Muthoot vehicle & asset Finance Ltd Arakulam By Pass Road Thadupuzha - Opp.Party(s)

26 Dec 2019

ORDER

DATE OF FILING : 05/02/19

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 26^th day of December 2019

Present :

SRI. S. GOPAKUMAR PRESIDENT

SMT.ASAMOL P. MEMBER

CC NO. 29/2019

Between

Complainant : Abdul Karim,

Mammoottil House,

Karikkodu P.O., Thodupuzha.

(By Adv: K.M.Sanu)

And

Opposite Party : The Manager,

Muthoot Vehicle and Asset Finance Ltd.,

Ambalam Bypass Road,

Thodupuzha P.O., Thodupuzha.

 

O R D E R

SMT. ASAMOL P. (MEMBER)

 

The case of the complainant is that,

 

The complainant purchased 2011 Model Eicher GV Tipper Lorry bearing Reg.No.KL 38B-1762 with the financial aid of opposite party. On November 2014, the complainant availed a loan of Rs.5 Lakhs from the opposite party. The re payment of the loan was in terms of 42 monthly installments as Rs.15,220/- per month. The complainant repaid 30 installments but some of the installments were delayed and then the complainant paid the delayed installments along with interest. There are 6 installments was due at the time of loan closing date. But the opposite party seized the vehicle from the complainant as per the court order. When the due amount was only Rs.91,320/- the complainant forcefully paid the amount of Rs.1,75,118/- to the opposite party. As per the forceful manner of opposite party, the complainant paid more amount to the loan account. At the time of loan closing date, the amount was totally repaid by the complainant. Thus, the opposite party collected more amount from the complainant.

 

(Cont.....2)

 

-2-

 

It is deficiency in service on the part of the opposite party. Hence opposite party is liable to re-calculate the loan account and return the more received payments from the complainant also liable compensation and cost to the complainant.

 

Notice served from the Forum. Opposite party entered appearance. But opposite party was not filed version or objection else opposite party was absent on the posting date of evidence. So opposite party set exparte.

 

Evidence adduced by the complainant by produced documents. Ext.P1 is the copy of RC book and Ext.P2 is the re-payment receipt dated 25/01/2019 which is marked as Ext.P1 and Ext.P2 respectively.

 

Heard,

 

The point that arose for consideration is whether there is any deficiency in service from the part of opposite parties, and if so, for what relief the complainant is entitled to ?

 

The Point:- We have heard the counsel of the complainant. The complainant alleges that he availed a loan of Rs.5 Lakhs from opposite party for purchasing the vehicle. But opposite party collected more amount from the complainant. Notice served from the Forum. Opposite party was appeared before the Forum but he was not filed version else opposite party was absent on the posting date of evidence. So, opposite party set exparte.

 

Hence the complaint allowed. The Forum directs the opposite party to re-calculate the loan amount and serve the statement to the complainant. As per the statement if there is any more amount collected from the complainant such amount return to the complainant within one month from the date of this order.

 

 

 

 

(Cont.....3)

-3-

The Forum direct the opposite party to pay cost of Rs.3000/- to the complainant, failing which this amount shall carry 12% interest from the date of default till its realization.

 

Pronounced in the Open Forum on this the 26^th day of December, 2019.

 

Sd/-

SMT. ASAMOL P. (MEMBER)

Sd/-

SRI. S. GOPAKUMAR (PRESIDENT)

APPENDIX

 

Depositions :

On the side of the Complainant :

Nil

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1 - The copy of RC book

Ext.P2 -The re-payment receipt dated 25/01/2019

On the side of the Opposite Party :

Nil.

 

Forwarded by Order,

 

SENIOR SUPERINTENDENT