Kerala

Idukki

CC/72/2018

Tomy P G - Complainant(s)

Versus

The Manager Mahindra Finance Service Ltd - Opp.Party(s)

Adv.Poomattom

31 Oct 2019

ORDER

DATE OF FILING : 10/04/2018

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 31^st day of October 2019

Present :

SRI. S. GOPAKUMAR PRESIDENT

SMT.ASAMOL P. MEMBER

CC NO. 72/2018

Between

Complainant : Tomy P.G.,

Plavuvachathil,

Kampammettu P.O., Kallar – 685 552,

Idukki District.

And

Opposite Party : The Manager,

Mahindra Financial Services Limited,

First Floor, Sehiyon Plaza, Near B.S.N.L Office,

Erattayar Road, Kattappana – 685 508.

 

O R D E R

SRI. S. GOPAKUMAR (PRESIDENT)

 

The case of the complainant is that,

 

Complainant availed a vehicle loan of Rs.1,75,000/- on 03/02/12 from opposite party bank agreed to repay it in to 36 monthly installments along with interest. Out of this the complainant paid Rs.1,45,000/- in total. Thereafter he failed to remit the further installments due to some health problem and father's treatment in Kottayam MCH for a long period. Thereafter the complainant tried to contact the opposite party for remitting the balance amount, but his efforts were in vain. While so, some people from the opposite party's company approached him and given a loan statement of account in February 2018. On perusing the statement complainant noticed that this statement was as on 01/11/17, and the outstanding loan dues on that day is Rs.1,67,484/-. Complainant further averred that he is in no way liable to pay such a huge amount. Opposite party is demanding such a huge amount by way of exorbitant interest and other hidden charges and this act of the opposite party is amounts to gross unfair trade practice. Against this the complainant filed this petition

(Cont....2)

-2-

seeking relief such as to direct the opposite party to issue statement of loan account as on date and further direct the opposite party to deduct the illegal charges imposed in the loan account and also direct them to pay compensation and cost.

 

Upon notice opposite party entered appearance and filed reply version. In their version opposite party contented that, the complainant is a chronic defaulter and he grossly defaulted in paying of the loan installments and as on 25/04/18, an amount of Rs.71,134/- is due to the opposite party and the complainant is bound to pay the amount. At the time of availing the loan the complainant executed an agreement in favour of the opposite party, agreed to pay penal interest upon defaulted monthly installments. Hence there is no deficiency in service and unfair trade practice is happened on the part of the opposite party in this matter as alleged.

 

The evidence adduced by the complainant by way of proof affidavit. Complainant was examined as PW1 and Ext.P1 statement of account of the year 2017 marked. From the defence side Ext.R1 statement of account and Ext.R2 copy of Arbitration Award were marked.

 

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:- It is an admitted fact that complainant availed a vehicle loan of Rs.1,75,000/- from opposite party company on 03/02/12 agreed to repay it with interest in 36 installments. As per the version of the complainant out of this amount he repaid Rs.1,45,000/- and some of the installments are pending. As per the version of the opposite party, it is seen that the balance outstanding loan amount is Rs.71,134/- as on 25/04/18. On perusing the evidences on record from is of a considered view that the complainant is bound to repay the loan amount of Rs.1,75,000/- plus interest in three years. Now the opposite party is demanding Rs.71,134/- as loan dues as on 25/04/18. As per the record,

(Cont....3)

-3-

this amount is not a exaggerated amount and complainant is bound to repay it along with its future interest. Demanding such an amount by the opposite party is not an unfair trade practice.

 

Hence the Forum directed the complainant to pay Rs.71,134/- as stated in the reply version along with its interest @ 12% from 25/04/18. The complainant shall pay the amount within 30 days from the date of receipt of the copy of this order, failing which the opposite party is at liberty to initiate any legal steps for the recovery of the amount.

 

Pronounced in the Open Forum on this the 31^st day of October, 2019.

 

Sd/-

SRI. S. GOPAKUMAR (PRESIDENT)

Sd/-

SMT. ASAMOL P. (MEMBER)

 

APPENDIX

 

Depositions :

On the side of the Complainant :

PW1 - Tomy P.G.

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1 - Statement of account of the year 2017

On the side of the Opposite Party :

Ext.R1 - Statement of account

Ext.R2 - Copy of Arbitration Award

 

Forwarded by Order,

 

SENIOR SUPERINTENDENT