Case Summary
Benny Varghese is the plaintiff who claims damages against Bussan Auto Finance India Pvt. Ltd. and others related to the purchase of a Yamaha scooter. The plaintiff alleges collusion and deficiencies in service leading to financial loss.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction directing reassessment of loan and award of damages
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff successfully established his case through evidence demonstrating deficiencies in service and financial loss.
The plaintiff successfully established his case through evidence demonstrating deficiencies in service and financial loss.
Judgment Evidence:
In the result, suit is decreed as follows: 1) 1st and 2nd defendants are directed by a mandatory injunction to reassess the loan sanctioned as per the loan account No.TWC3131NR00433950 in favour of plaintiff reckoning the loan amount as Rs.41,500 within two months failing which plaintiff can execute the same through court.
Parties Involved
Plaintiffs
Benny Varghese (48 years)
5/92, Kuzhikandathil House, Thattekad.P.O., Kothamangalam
Defendants
Bussan Auto Finance India Pvt. Ltd. (Age not specified years)
Mamangalam, Edappaly, Kochi – 682 024
Bussan Auto Fiance India Pvt. Ltd. (Age not specified years)
4th Floor, Videocon Tower, E-1, Jhandewalan Extn., New Delhi – 110 055
Yamaha Motor India Sales Pvt. Ltd. (Age not specified years)
TVH Belicia Towers, Tower-1, 8th floor, Block No. 94, MRC Nagar, Chennai-699 028
MPN Yamaha (Age not specified years)
Yamaha Motor Dealer, Paingattoor-686 671
Liberty Motocorp (Age not specified years)
AR Arcade, Near Edassery Resort, Kattappana – 685 508
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directed 1st and 2nd defendants to reassess the loan account as per the loan amount.
Evidence:
1st and 2nd defendants are directed by a mandatory injunction to reassess the loan sanctioned as per the loan account.
Relief Type:
Damages
Outcome:
Partly Granted
Description:
Claimed for Rs.1,00,000 as damages but awarded Rs.20,000.
Evidence:
However considering the facts and evidence of the case I am satisfied that compensation of Rs.20,000 is just and reasonable.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit from 1st, 2nd, and 5th defendants.
Evidence:
Plaintiff is also entitled to realize the costs of the suit from 1st, 2nd and 5th defendants.
Documents & Evidence
Document Type:
Exhibit
Submitted By:
Plaintiff
Relevance:
These exhibits support the plaintiff's claims regarding the purchase of the Yamaha scooter and related agreements.
Reference:
Ext.A1 to A23
Document Type:
Original pamphlet
Submitted By:
Plaintiff
Relevance:
It is issued by Yamaha Motor India Sales Pvt. Ltd. and provides details about the scooter sale.
Reference:
Ext.A1
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
This shows that the motor bike was sold to the 4th defendant for Rs.8,000.
Reference:
Ext.A2
Document Type:
Down payment receipt
Submitted By:
Plaintiff
Relevance:
This receipt evidences the cash payment of Rs.12,000 made to the 4th defendant.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This is a true copy of the notice caused by the plaintiff for deficiency in service.
Reference:
Ext.A4
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
This states the loan account details of the plaintiff with the first defendant.
Reference:
Ext.A23