BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.

Execution Application  No.26 of 2015

Date of Institution:23-02-2015

Date of Decision:26-05-2015  

Balbir Singh son of Milkha Singh, resident of Village & Post Office: Verka, District Amritsar.

Applicant/Complainant.

Versus

Bajaj Finance Limited alias Bajaj Auto Finance through its Manager

Mr.Raman, Near SSP Kothi, Kashmir Avenue Road, Amritsar.

Opposite Party

Application under section 27 of the Consumer Protection Act.

Present: For the Applicant: Sh.Kanwar Pahul Singh, Advocate.

              For the Opposite Party: Sh.Laxman Parshad, Credit Manager.

Quorum:

Sh.Bhupinder Singh, President

Ms.Kulwant Kaur Bajwa, Member  

Mr.Anoop Sharma, Member.

Order dictated by:

Sh.Bhupinder Singh, President.

1. Sh.Balbir Singh applicant/ complainant has filed the present execution application under section 27 of the Consumer Protection Act, 1986 for the implementation of the order dated 15.01.2015  passed by this Forum, vide which this Forum directed the Opposite Party to pay compensation of Rs.20,000/- with further direction to  rectify the mistake with the CIBIL with regard to the outstanding amount against the complainant within one month from the date of receipt of copy of the order and the Opposite Party  was also directed to pay litigation expenses of Rs.2000/- to the complainant.
2. Opposite Party  handed over demand draft of Rs.22,000/- bearing No.962414 dated 14.3.2015 which was duly received  by the ld.ounsel for the complainant in this Forum vide his statement dated 18.3.2015. The respondent has produced copy of CIBIL Glance Report dated 8.5.2015 showing current balance due against the complainant as ‘0’. Opposite Party  has also produced on record certificate dated 30.4.2015 to the effect that Opposite Party has duly received the full payment under Hire Purchase Finance Agreement No.4910CD000113005 dated 23.07.2010 which shows that the proper compliance of the order dated 15.1.2015 passed by this Forum  has been made by the Opposite Party.
3. Ld.counsel for the complainant submitted that Opposite Party did not comply with the order within the stipulated period of one month from the date of receipt of the order dated 15.1.2015 passed by this Forum, so the Opposite Party is liable to be prosecuted under section  27 of Consumer Protection Act. He has relied upon the ruling of Hon’ble National Commission in case Surendra Agro Centre of Rewari & Anr. Vs. Sher Singh & Ors. 1995(1) CPJ 154 (NC) in which it has been held that where the Opposite Party refused to comply with the order passed by the Forum, they are liable to be prosecuted under section 27 of the Consumer Protection Act. We have gone through the ruling cited by ld.counsel for the complainant. The facts of that case are totally different from the facts of the present case. In that case, the Opposite Party refused to implement the order of the Fora and on refusal, the complainant had to park the tractor at appellant’s premises. But in the present case, Opposite Party has handed over the bank draft of Rs.22,000/- to the complainant which was duly received by the ld.counsel for the complainant on 18.3.2015 and the Opposite Party has produced the copy of   CIBIL Glance Report dated 8.5.2015 showing current balance due against the complainant as ‘0’.
4. Resultantly, we hold that the Opposite Party has fully complied with the order passed by this Forum . As such, the application stands disposed of as fully satisfied. Copies of this order be furnished to the parties free of cost. File is ordered to be cosigned to the record room.

Dated: 26-05-2015.                                                 (Bhupinder Singh)                                                                                              President

hrg                                               (Anoop Sharma)     (Kulwant Kaur Bajwa)   

                                                         Member                         Member