IN THE CIRCUIT BENCH OF THE TAMILNADU STATE CONSUMER DISPUTES

REDRESSAL COMMISSION, MADURAI.

Present: THIRU.N. RAJASEKAR, PRESIDING JUDICIAL MEMBER

F.A.No.08/2015

(Against the order made in C.C.No.168/2009 dated 12.12.2014 on the file of

the District Forum, Madurai.)

FRIDAY, THE 03^rd DAY OF DECEMBER 2021

M.Murugan,

S/o Muniaraj,

2/4, Madurai Corporation Colony,

Avaniyapuram,

Madurai – 625 012. Appellant/Complainant

-Vs-

1. The Managing Director,

Shriram City Union Limited,

224, Royapettah High Road,

Mylapore, Chennai – 600 004. 1^st Respondent/1^st Opposite Party

2. The Branch Manager,

Shriram City Union Limited,

Tamil Sangam Road,

Madurai. 2^nd Respondent/2^nd Opposite Party

Counsel for Appellant/Complainant : M/s.A.Haja Mohideen, Advocate.

Counsel for Respondents-1&2/Opp.Parties-1&2 : Mr.G.Ramapandian, Advocate.

This appeal coming before me for final hearing on 20.10.2021 and on

perusing the material records, this Commission made the following:-

ORDER

THIRU.N. RAJASEKAR, PRESIDINGJUDICIAL MEMBER.

1. This appeal has been filed by the appellant/complainant under section 15

read with section 17(1) (a) (ii) of the Consumer Protection Act, 1986 against the

order of the learned District Forum, Madurai made in C.C.No.168/2009, dated

12.12.2014, dismissing the complaint.

2. For the sake of convenience and brevity, the parties are referred to here as

they stood arrayed in the learned District Consumer Disputes Redresssal Forum,

Madurai.

3. The complainant suffering by an order, dismissal of the complaint in the

hands of the learned District Consumer Disputes Redressal Forum, Madurai

(hereinafter in short “District Forum”) have preferred this appeal before this

Commission.

4. The case of the complaint is as follows:- The complainant purchased a two

wheeler bike namely ‘TVS Star City’ from the Premier Motors, on 01.02.2007 for a

value of Rs.40,475/-. For initial payment is paid Rs.8000/- including Rs.1929/- for

opening bank account in his name by the 2^nd opposite party for availing loan.

Thereafter on 06.02.2007 the 1^st and 2^nd opposite party entered an agreement with

the complainant for loan amount of Rs.34,404/- for interest at the rate of 11% per

annum for paying the loan amount along with accrued interest by 30 installments by

Rs.1375/- per installment. The SB Account No.408010065190 he opened in the

name of the complainant the 2^nd opposite party received 30 cheque leaves from the

bank and obtained the complainant’s signature in all blank cheques. Inspite of

repeated demand made by the complainant the 2^nd opposite party failed to give the

bank pass book. The 2^nd opposite party prevented the complainant from depositing

the money payable for the EMI on 07.03.2007 by detaining the bank pass book with

him and refused to disclose the account number. The 2^nd opposite party collected

the installment from the complainant and then and there at the same time the 2^nd

opposite party presenting the cheque in the complainant’s account without his

consent and illegally created artificial bouncing of cheque and there by collected

Rs.250/- as cheque return charge. The complainant paid Rs.32,092/- totally as

installments and the 2^nd opposite party did not give receipt for the installments of

Rs.1505/- paid by him for the month of September 2007 and for the month of July

2008 respectfully. Thus totally he paid Rs.35,092/- as installment. On 20.01.2009

when the complainant asked the balance due, they gave statement of account. On

seeing the account they have demanded Rs.30,236.53ps as installment due. The

complainant to pay Rs.10,059/- only along with bounce

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