IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Tuesday the 28th day of February, 2017
Filed on 01.4.2016
Present
1.Smt. Elizabeth George (President)
2.Sri. Antony Xavier (Member)
3.Smt. Jasmine. D. (Member)
in
C.C.No.112/2016
between
Complainant:- Opposite Party:-
Smt. Santhakumari.K.G. The Manager
Saraswathy Vilasom Family Credit Ltd.
Kodukulanji P.O. Head Office Techno Polis
Chengannur, Alappuzha 7th Floor, Wing A, Plot No.4
(By Adv. Joseph George) Block BP, Sector 5, Salta Lake
Kolkata
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
The complainant was the owner of two wheeler vehicle bearing Registration No. KL 30 D 6384 and in order to purchase the vehicle , she had entered into an agreement with the opposite party. As per the agreement, complainant is liable to pay the monthly installments of Rs.2145/- commencing from 5.1.2015. The tenure of the agreement is 30 months. Complainant had remitted hire purchase installment up to 2015 November. Installments pertaining to October and November, 2015 were remitted directly to the account of the opposite party. Up to November 2015 the total amount payable to the opposite party is Rs.23,595/-. Out of which complainant had remitted Rs.18,320/- and the balance amount payable is only Rs.5275/-. All other installments were collected by the agent of the opposite party. Installment pertaining to the month of October and November were directly remitted into the Bank account of the opposite party as per the direction by the opposite party. The opposite party is trying to repossess the complainant’s vehicle with mollified intention. Alleging deficiency in service on the part of the opposite party, this complaint is filed.
2. Notice issued to the opposite party was not yet returned. Complainant was heard.
3. The case of the complainant is that she had entered into a loan agreement with the opposite party in order to purchase a Honda Activa Motor Cycle. The opposite party is residing at Kolkata. According to the complainant, she had remitted the installments of October and November 2015 directly to the account of the opposite party and the other installments collected by the agent. The receipts issued by the opposite party shows that complainant had remitted the installments on 28.2.2015, 22.3.2015, 30.4.2015, 8.6.2015, 13.6.2015, 24.8.2015, 27.10.2015 and 3.11.2015. The allegation of the complainant is that the amount remitted by her were not properly credited by the opposite party and the opposite party is trying to repossess the complainant’s vehicle. From the receipts produced by the complainant, it is clear that she had remitted some installments. Opposite party so far not filed any version.
In the light of the above facts and circumstances of the case, we are of the considered opinion that this a fit case in which the party can settle the account by lawful means, and without prejudice the right of the opposite parties to realize any amount found to be due on settlement of account and the opposite parties are directed not to take any steps to repossess the vehicle otherwise than by due process of law.
Dictated to the Confidential Assistant transcribed by her corrected by me and pronounced in open Forum on this the day 28th of February, 2017.
Sd/- Smt.Elizabeth George (President) :
Sd/- Sri. Antony Xavier (Member) :
Sd/- Smt.Jasmine.D. (Member) :
Appendix:- Nil.
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- pr/-
Compared by:-
