Kerala

Idukki

CC/200/2018

Muhammed Kamal - Complainant(s)

Versus

SREERAM TRANSPORT FINANCE COM - Opp.Party(s)

26 Jul 2019

ORDER

DATE OF FILING : 07/11/18

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 26^th day of July 2019

Present :

SRI. S. GOPAKUMAR PRESIDENT

SMT. ASAMOL P. MEMBER

CC NO. 200/2018

Between

Complainant : Muhammad Kamal Salim,

Kappilammoottil,

Nedumkandam- 685 553, Idukki District.

And

Opposite Party : 1 . The Manager,

Sreeram Transport Finance Company Limited,

Branch Kattappana – 685 508.,

Idukki District.

2 . The General Manager,

Sreeram Transport Finance Company Limited,

Shiv Chambers, Sector 11,

C.B.D. Belapoor, Navi Mumbai 400 614.

(Both by Adv: Gem Korason)

 

O R D E R

SMT.ASAMOL P.(MEMBER)

 

The case of the complainant is that,

 

Complainant purchased Asoka Lyland LCV 2013 model vehicle bearing Reg.No.KL-69-0854 for the purpose of earning his livelihood by means of self employment with the financial aid of opposite parties institution on 29/12/2016. Loan amount was Rs.2,50,000/-. The complainant has repaid most of the loan amount. But the opposite parties are demanding an amount of Rs.2,47,766.51/- for closing the loan and also they are demanding more interest, penal interest and cheque return expenses. Due to some financial difficulties complainant failed to repay some loan instalment. The complainant is always ready to pay the actual due amount along with normal interest. But the opposite parties are demanding very huge interest amount and penal interest. So, it is unfair trade

(Cont.....2)

-2-

practice and deficiency in service, hence the complainant approached the Forum against the alleged acts of the opposite parties for allowing relief such as to direct the opposite parties to restrain from taking forcible possession of the vehicle and further directs the opposite parties for allowing the complainant to remit the actual due amount along with normal interest till the date of loan closing term and also directs the opposite parties for returning the cheque to the complainant and directs them to pay cost and compensation to the complainant.

 

Upon notice opposite parties entered appearance and filed detailed reply version denying the averments in the complaint. Opposite parties further contented that the complainant is using the vehicle for commercial purpose and there is no consumer relationship and the complaint is not maintainable before the Forum. On 29/12/2016 loan was advanced to the complainant and the loan amount is Rs.3,37,044/- have to be repaid by total 36 instalments including the interest of Rs.87,044/-. As per the terms of the loan advanced agreement he agreed to pay an amount of Rs.3,37,044/- by 36 instalments within stipulated time. The complainant did not turn up to remit the instalment and also made default in re-payment. The complainant further availed WCL on 14/12/2017 and an amount of Rs.20,180/- was sanctioned and interest for the same is Rs.2,998/- and the complainant agreed to re-pay the said amount by 12 instalments. The opposite parties had claimed only what they legally entitled as per terms of the agreement and the complainant is a gross defaulter and the complainant did not make any payment as stipulated and as per the terms of the agreement. The payment was made after the stipulated date. Hence the opposite parties are entitled to claim over due charges as per the agreement and the complainant is liable to pay the same. Opposite parties further contented that they are sustaining loss due to the act of complainant and there is no cause of action against the opposite parties and the complaint is liable to be dismissed.

 

Evidence adduced by the complainant by way of proof affidavit and documents. Opposite parties also adduced evidence by produced documents. Complainant produced a notice dated 15/01/2019 which is marked as Ext.P1. Opposite parties produced loan account statement which is marked as Ext.R1.

 

(Cont.....3)

 

 

 

-3-

Heard both sides,

 

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 counsels of both parties and have gone through the evidence on records. It is an admitted fact the complainant availed a vehicle loan of Rs.2,50,000/- from the opposite parties company on 29/12/2016. As per Ext.P1 notice, opposite parties institution referred to the complainant that the amount of Rs.2,38,137/- is due as on 15/01/2019 to settle the contract in full. But the complainant could not prove that how much amount is actual dues. He stated that he is willing to pay the actual due amount with normal interest. But the version of the opposite parties that the complainant did not turn up to remit instalment and also made default in repaying the said amount. For substantiating the plea, opposite parties produced detailed loan statement marked as Ext.R1. As per the Ext.R1, the total amount received from the complainant in this loan account is Rs.2,70,180/- including WCL and the loan arrears as on 05/12/2018 is Rs.1,31,115.76/-. On going through Ext.R1 document, it is clear that the complainant was irregular in re-payment. No documents is produced by the complainant for proving that he is repaid most of the loan amount. Hence the Forum cannot believe that the version of the complainant as a whole. It is considered view that the complainant is liable to pay the defaulted instalments.

 

Under the circumstances, the Forum allowed the complaint in part. The Forum directed the opposite parties to serve a copy of loan account statement to the complainant by calculating 12% interest in the defaulted loan instalments from the date of default. The complainant is directed to pay the loan instalments as per the statement of account produced by the opposite parties as directed with 6 monthly instalments from the date of receipt of the statement of account from the opposite parties. If the complainant failed to comply the direction of

 

 

(Cont.....4)

-4-

this Forum opposite parties are at liberty to initiate further proceedings against the complainant as per rules.

 

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

Sd/-

SMT. ASAMOL P. (MEMBER)

Sd/-

SRI. S. GOPAKUMAR (PRESIDENT)

 

APPENDIX

 

Depositions :

On the side of the Complainant :

PW1 - Muhammad Kamal Salim

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1 - Complainant produced a notice dated 15/01/2019

On the side of the Opposite Party :

Ext.R1- Loan account statement

 

Forwarded by Order,

 

 

SENIOR SUPERINTENDENT