Complaint filed on: 13/12/2023

                                                      Disposed on:28/03/2024

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

DATED THIS THE  28^th DAY OF MARCH 2024

//:PRESENT://

SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT

SRI.KUMARA.N, B.Sc. (Agri), LL.B., MBA., MEMBER

SMT.NIVEDITA RAVISH, B.A., LL.B.(Spl)., LADY MEMBER

//:CONSUMER COMPLAINT NO. 175/2023:// 

1.       Smt. Sumithra W/o Ranganatha .R

Aged about 38 years,

2.       Sri.Thimmarayappa K.V.

          S/o Erannappa .V, A/a 71 years.

          Both are R/o Kilaradahalli Village,

          Huyildore Post, Bukkapattana Hobli,

          Sira Taluk, Tumakuru District.         

……….Complainant

(By Sri. L.Shanmukha, Advocate)

V/s

The Manager, M/s Mahindra and Mahindra

Financial Services Ltd.,

Opp. A.P.M.C. Yard, Near Naveen,

Residence, Mahalakshmi Nagar,

Batawadi, Tumakuru, Karnataka.

……….Opposite Party/s

(Served – Absent)

//:O R D E R://

BY SMT.NIVEDITA RAVISH –  LADY MEMBER

          This complaint is filed by the complainants against the Opposite Party (hereinafter called as “OP”) with a prayer to direct the OP,

to receive the balance loan amount of Rs.46,200-00 and issue receipt with respect to payment of the said amount,

to issue all documents with respect to sanctioning of   loan amount and payment of loan amount, balance installment made by the complainant,

to issue the documents maintained by the OP and

to order/direct for not to seized Swarj Tractor purchased by the complainants.  

2.       It is the case of the complainants that, complainants are the owners of Swaraj Tractor-744, Reg No.KA06/TC5359 and all the documents are stands in the name of 1^st complainant.  To purchase of the said Tractor, the OP has financed the loan amount to the complainant. The 1^st complainant is the applicant for loan amount and 2^nd complainant is the co-applicant. Both the complainants and OP have entered into documents with respect to sanctioning of loan amount of Rs.5,70,000-00 on 31.07.2018 and OP sanctioned the loan amount on the same day. The OP has received all the documents with respect to said tractor from complainants and till date all such documents are in the custody of OP. The OP has received five cheques of Dhanalakshmi Bank. Tumakuru Branch from 2^nd complainant and said cheques are in the custody of OP.  Though as per deed, the complainants have paying regular quarterly amount of Rs.46,200-00, the OP has wrongly calculated the outstanding amount as Rs.76,562-00, further principal loan as Rs.1,53,142-00 and additional finance charges as Rs.55,292-00. Further, OP has demanded the complainant for paying Rs.2,85,000-00. The complainants are ready to pay the balance loan amount of Rs.46,200-00 i.e., only one balance quarterly installment amount, but the OP has wrongly calculated the amount and demanded for wrongly calculated the amount and demanded for Rs.2,85,000-00 instead of Rs.46,200-00. Though the complainants are not a defaulters the OP has demanding more the balance amount by calculating wrongly.  The OP has not replied to the legal notice issued by the complainants on 06.11.2023. Hence, this complaint

3.       After receiving the notice issued by this Commission, the OP has not appeared before this Commission and remained absent.

4.       The  1^st complainant has filed her affidavit evidence for herself and on behalf of  2^nd complainant with five document. The same documents are marked by the 1^st complainant as Ex.C1 to Ex.C5. Counsel for the complainant has filed the written arguments.     

5.       We have heard the arguments of the counsel for the complainants and also perused written arguments of complainant.  The points that would arise for our determination are as here under:-

1. Whether complainant proves the deficiency of service on the part of OP?

2. Is complainant entitled to the relief sought for?

6.         Our findings on the aforesaid points are as under:

Point No.1: In the Negative

Point No.2: As per the final order for the following

//: R E A S O N S ://

POINT NO. (1) & (2):-

7.       Counsel for the complainants argued that, complainants are the owners of Swaraj Tractor-744 Regna. No.KA.06 TC 5359 Tractor the documents are standing in the name of 1^st complainant and at the time of purchase of the Tractor the OP has financed to 1^st complainant and 2^nd complainant was Co-applicant. Ex.C1/ copy of repayment summary produced by the complainants is establishes the same. Further counsel for the complainants has argued that, the OP has sanctioned loan of Rs.5,70,000-00 to the complainants by receiving all the documents pertaining to the tractor stating that those documents will be keeping till completion of entire loan in their custody. Ex.C1 reflecting that the OP has sanctioned loan amount of Rs.5,70,000-00 on 31.07.2018 to the complainants. Further counsel for the complainants has contended that, the OP has demanded and received five cheques which are drawn in Dhanalakeshmi Bank, Tumkur, which are issued by 2^nd complainant to OP and OP has taken all the five cheques to its custody. But complainants have not produced any documents to show that, whether the OP has received five cheques from complainants at the time of sanctioning the loan. Further, counsel for the complainants has argued that, the complainants have paid quarterly payment of Rs.46,200-00 each and they have paid total amount of Rs.7,85,400-00 to the OP.  Ex.C2 is reflecting that the complainants have totally paid Rs.7,85,409.27. Further, counsel for the complainants has vehemently argued that, complainants have due only one quarterly installments of Rs.46,200-00 and complainants agreed to pay the said amount of Rs.46,200-00, but OP has wrongly demanded to complainants to pay Rs.76,562-00 being loan outstanding amount, Rs.1,53,142-00 being the balance principal amount and Rs.55,292-00 being the additional finance charges, in all Rs.2,85,000-00 and the OP has wrongly calculated all these amounts. The complainants have not produce any documents to show that the terms and conditions of loan agreement. We have gone through the Ex.C2/copy of Repayment Summary, in which it is mentioned as, paid payment Installment Rs.7,85,409.27. Over Dues - Rs.76,562-00, Future dues Rs.1,53,142-00. Further, Ex.C2 reflecting that, No of Installments are 22 and complainants applied for Moratorium from period May-2020 to Jun 2020. Ex.C2 showing that the complainants have paid totally 18 installments. Though there is 22 installments, the complainants have paid only 18 installments. Further, for the reasons of opting the Moratorium period by the complainants from May-2020 to June-2020, the Ex.C2 has not reflecting the Installment No.7 and 8. On perusing Ex.C2 the complainants have paid Installment No.1 to 6 and Installment No.9 to 19 with delay. Therefore, complainants are liable to pay the additional interest for the delayed payments. Further, the Ex.C2 revealing that, the complainants have paid only Rs.9.27-00 out of Rs.46,200-00 for the Installment No.20. Further, the complainants are also still liable to pay another two installments in totally 22 installments. The complainants have not produced any receipt or documents to show that, whether they have paid all due amount for installment No.20 and 21,22,

8.       Further counsel for the complainants has submitted that, the OP has seized the said tractor and illegally demanded for payment of some amount through phone and visiting to spot and given mental and physical torture to the complainants. But complainants have failed to produce any documents or evidence to prove the above allegations. Ex.C5/copy of the messages from OP have reflecting that, those are the messages for only reminding the repayment of the loan amount. When the complainants themselves defaulters, the mental torture does not arises by sending reminder messages to the complainant by the OP and till there is due of loan repayment for installment No.20, 21 and 22, the complainant have no right to ask the documents related to the said tractor which are kept by the OP for the security purpose. Hence, we do not find any deficiency in service on the part of the OP and the complaint filed against the OP is liable to be dismissed.  Accordingly, we proceed to pass the following:-         

//:ORDER://

The complaint filed by the complainants is dismissed without costs.

Furnish copy of this order to both parties at free of costs.