DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA CC.No.271 of 23-06-2010 Decided on 29-10-2010
Dr.Ashwani Kumar s/o Sh. Rajinder Kumar, 453, Thermal Colony, GHTP Lehra Mohabbat, District Bathinda. .......Complainant Versus
Branch Manager, Tata Motor Finance, SCOF No.133, Opposite Sukhraj Cinema, Goniana Road, Bathinda. M/s Tata Motors Ltd., Corporate Office 1st Floor, Cybertech House, Plot No.B-63/65, Road No.21/34, J.B.Sawant Marg, Wagle Estate, Thane West-400604 Mumbai, Maharashtra. ......Opposite parties
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM
Smt. Vikramjit Kaur Soni, President. Dr. Phulinder Preet, Member. Sh. Amarjeet Paul, Member.
Present:- For the Complainant: Sh.N.K.Jeet, counsel for the complainant. For Opposite parties: Opposite parties exparte.
ORDER
VIKRAMJIT KAUR SONI, PRESIDENT:-
1. The present complaint has been filed by the complainant under Section 12 of the Consumer Protection Act, 1986 (Here-in-after referred to as 'Act'). In brief, the complainant has filed the present complaint with allegations against the opposite parties that he purchased a Matiz (SD) Car with Catalytic Converter, having Chassis No.19004A0666000, Engine No.F8CV672621, Colour C-White of Rs.3,44,000/- from M/s Daewoo Motors, Bathinda on 28.02.2001 and the said car was financed by M/s Tata Finance Co. Ltd., Delhi vide contract No.CAR274283 on 28.02.2001 for Rs.3,39,250/- on Hire-Purchase Basis. The said amount was to be repaid in 59 monthly installments of Rs.5750/- each and the complainant gave 59 postdated cheques of Rs.5750/- to the opposite party No.1. The business of the M/s Tata Finance Ltd. has now been taken over by M/s Tata Motor Finance Ltd. a division of M/s Tata Motors Ltd. The opposite party No.1 took 5 blank cheques from the complainant for the payment of insurance premium of the financed car. As per the Repayment Schedule, the installment was to be paid on 25th of each month but it was recovered from the complainant on the 15th day of every month. In the month of November, 2001, the opposite party No.1 deducted two installments instead of one, which was not subsequently adjusted against the future installments and a sum of Rs.5950/- remained lying with the opposite parties till January, 2006. Initially, the complainant got insured the vehicle himself, although he had given five blank postdated cheques for this purpose to the opposite party No.1. The opposite party No.1 was duly informed about it. After that, in the next year, the insurance was got done by the opposite party No.1. The complainant did not make any claim against the insurance policy purchased by him, he was entitled to 'No Claim Bonus' amounting to 25 percent of the premium paid. A sum of Rs.3185/- has been due to the complainant on account of No Claim Bonus for the period from the year 2001 to 2006. The complainant wrote many letters to opposite party No.1 requesting them to settle the No Claim Bonus but the opposite party No.1 did not bother to reply to those letters. The opposite party No.1 got five blank cheques for making the payment of insurance premium of the financed car but they did not encahsed those cheques. On 20.02.2010, the opposite party No.1 sent a loan recall notice through M/s Virtuous People – a law firm, stating that a sum of Rs.41044/- was due & payable by the complainant to the opposite party No.1 as on 20.02.2010. The complainant was called upon to pay the said amount within seven days of the receipt of this notice. On enquiry, the complainant was informed by opposite party No.1 that Rs.22,288/- were insurance provision credit, Rs.5549/- was the balance amount of financed sum and rest of the amount was overhead charges. The opposite party No.1 sent a notice dated 15.10.2007 and was asked to make the payment of Rs.5,549/- @ 3% as on date towards the over due amount within seven days of the receipt of legal notice. A similar notice was received by the complainant on 13.09.2007. The complainant had already paid Rs.5,750/- vide receipt No.303202335 dated 24.07.2007. The receipt was issued by the Authorized Signatory of the Tata Motors Ltd. Instead of crediting the above said amount of Rs.5,750/- in the loan account of the complainant, the opposite party No.1 adjusted it against insurance premium without informing the complainant. The opposite party No.1 intentionally and deliberately did not encash the five post dated cheques given by the complainant for payment of insurance premium at the time of paying the said premium. Thus, the complainant has filed this complaint. 2. Despite services of notice, the opposite parties have failed to appear before this Forum, hence, exparte proceedings are taken against the opposite parties. 3. The complainant has led their evidence in support his pleadings. 4. Arguments led by the counsel for the complainant Sh.N.K.Jeet is heard and record alongwith written submissions perused. 5. The learned counsel for the complainant has submitted that the complainant purchased the vehicle in question on 28.02.2001 for a sum of Rs.3,44,000/- out of which amount of Rs.3,39,250/- was financed from Tata Finance Co. Ltd. As per Repayment Schedule, this amount was to be repaid in 59 monthly installments of Rs.5,750/- each from 25.02.2001 to 25.01.2006. For this, the complainant had given 59 postdated cheques of Rs.5,750/- and five blank cheques for the payment of insurance premium of the financed car. The tentative date of paying each installment was of 25th of each month but it was recovered from the complainant on the 15th day of every month i.e. prior to 10 days from the date of actual payment. The opposite party No.1 deducted two installments in the month of November, 2001 instead of one. 6. A perusal of Ex.C-13 shows that the opposite parties have bounced the cheque dated 07.11.2001 as the tentative date of the payment of installment was 15.11.2001 according to the date of previous installments. This particular cheque was given for encashment towards the installment, prior to its tentative date for which it was drawn. This payment was made by the complainant by Draft which was duly credited in his account and the opposite parties have charged Rs.200/- as bouncing charges of the cheque. In this way, the complainant had paid two installments in the month of November, 2001 and Rs.200/- as bouncing charges. In the same manner, the opposite parties have taken two installments in January, 2002 i.e. 14.01.2002 and 15.01.2002 which is clear from Ex.C-15. The Statement dated 17.03.2007 Ex.C-16 also shows that the complainant had paid all the 59 installments. 7. The complainant wrote a letter dated 27.04.2005 Ex.C-19 for adjustment of his No Claim Bonus and has prepared the total amount due at back of Ex.C-19 as to the tune of Rs.3929/-. No reply has been filed by the opposite parties and there is no such document filed to prove that the complainant was entitled to any No Claim Bonus. In such circumstances, the calculations made by the complainant are not conclusive. The complainant has sent a last installment i.e. 59th installment by DD No.TT426692 amounting to Rs.5,750/- and Rs.200/- to the opposite parties on 15.11.2001 in response to letter dated 31.10.2001. Now, the question remains that whether the complainant has paid all the installments. A perusal of record placed on file shows that the complainant has paid all the installments and nothing is due against loan amount. Hence, he is not entitled to pay Rs.5,950/-. He has also given five postdated cheques to the opposite party No.1 for premium of insurance which was to be done through opposite party No.1. First year premium has been paid by the complainant himself and after that, the insurance was done by the opposite party No.1. First Insurance Premium was paid by the complainant himself to the tune of Rs.11,004/- vide Ex.C-25 which he has also mentioned in Ex.C-19 and the other premiums were paid by the opposite party No.1 from year 2002 onwards. For that, the complainant has given five blank cheques but the opposite parties have not encashed the cheques of the complainant which he had paid for the premium rather they have deducted the money of premium from his installments and given him demand notice of Rs.41,044/-. No installment is due against the complainant. The loan account of the complainant is clear as nothing is due against the complainant. Nothing is placed on file to prove that he was entitled for any No Claim Bonus as it was offered to the complainant by the opposite parties. The premium amount of insurance is due towards the complainant. The only deficiency in service on the part of the opposite parties is that as the blank cheques were issued by the complainant towards insurance premium, the opposite parties should have paid the premium from that amount. Hence, this complaint is accepted and the opposite parties are directed to return the blank cheques to the complainant and waive of interest on the amount of Rs.5,950/- which was deducted in November, 2001 and was kept by the opposite parties till 2006. The opposite parties have not intentionally encashed the cheques given by the complainant. The amount due towards the insurance premium is still lying towards the complainant. Hence, this complaint is accepted in terms thereof with Rs.1,000/- as cost and pay Rs.200/- which it has charged on account of the dishonoured cheque and to issue No Due Certificate to the complainant. The complainant will pay insurance premiums which has been paid by the opposite party No.1 and the opposite parties will return all the five blank cheques to the complainant within 20 days from the date of receipt of copy of this order. 8. A copy of this order be sent to the parties concerned free of cost and file be consigned for record. '
Pronounced in open Forum (Vikramjit Kaur Soni) 29.10.2010 President
(Dr. Phulinder Preet) Member
(Amarjeet Paul) Member |
