MANAGER Vs. M. A. JOSE

JUDGEMENT

(1.) Arguments on IA 14152 of 2019 seeking condonation of delay as well as on the Revision Petition are heard.

(2.) The brief facts of the case are that the Complainant is a self-employed driver who drives lorry bearing registration no.KL 07 J 4464. He had hypothecated the said vehicle with the Petitioners against the loan of Rs.1,50,000/-. A repayment chart was issued to him and he had to repay the entire loan amount in 36 monthly instalments commenting from 10.09.2008. He had paid 17 instalments from 20.09.2008 to 14.02.2011 totalling to Rs.1,08,979/-. The Complainant informed the Petitioners that the entire unpaid loan amount shall be cleared by him by April 2011. The default had occurred according to him due to the accident occurred when he was unloading and electrocuted and received head injuries and remained hospitalized in Tata General Hospital at Munnar in the month of September. Thereafter, his vehicle also met with an accident near Karadippara on 08.10.2008 for which a general diary entry was registered in the Police Station. He filed the insurance claim. His contention was that his claim was rejected since the insurance certificate or its copy was not issued to him by the Petitioners. He was never informed as to when the insurance amount was debited from the hypothecated loan amount.

(3.) The defence taken by both the Opposite Parties to the Complaint was that since the Complainant had committed breach of terms and conditions of the loan agreement, as there was default in payment of instalments, he was not entitled to any relief.