Before the District Consumer Disputes Redressal Forum, Room No. 208 2nd Floor, District Administrative Complex, Tarn Taran
Consumer Complaint No : 114 of 2018
Date of Institution : 03.12.2018
Date of Decision : 10.02.2020
Sarabjit Singh aged 39 years son of Harbhajan Singh, resident of village NaushehraPannuan, Tehsil and District Tarn Taran.
......Complainant
Versus
Balwinder Singh son of Swaran Singh resident of village NaushehraPannuan Tehsil and District Tarn Taran C/o B.S. Namdhari, Furniture House, G.T. Road, NaushehraPannuan Tehsil and District Tarn Taran.
.....Opposite Party.
Complaint Under Section 11, 12, 13 and 14 of the Consumer Protection Act, 1986.
Quorum: Sh. Charanjit Singh, President
Smt. JaswinderKaur, Member
For Complainant Sh. Sarabjit Singh in-person
For Opposite Party Sh. H.S. SandhuAdvocate
ORDERS:
Charanjit Singh, President;
1 The complainant SarabjitSingh has filed the present complaint against the opposite party on the allegations that the complainant wants to purchase stocks of Laptop, Printer & Furniture etc. and its costs was expected to be Rs. 1,85,000/-, therefore, the complainant applied for personal loan for purchase stocks of Laptop, printer &Furniture etc. from Bank of India Branch Tarn Taran. On the application of the complainant, the bank sanctioned a personal loan for Rs. 1,35,000/-. The bank sanctioned the loan on the basis of some terms and conditions which include a condition that the complainant has to submit the quotations from the shopkeepers regarding the stocks of Laptop, Printer & Furniture etc. with the bank alongwith application for personal loan and complainant has to deposit Rs. 50,000/- as margin money in his account. As a result of which the complainant took quotation from the shopkeepers regarding the stocks of Laptop, Printer & Furniture etc. The complainant took the quotations for different articles from different shops and the complainant took quotation for furniture from the opposite party Balwinder Singh who is running a furniture house in the name of “B.S. Namdhari Furniture House” at G.T. Road NaushahraPannuan Tehsil and District Tarn Taran. The opposite party gave a quotation for Rs. 50,000/- which was deposited by the complainant in the bank, on the basis of which a letter for sanctioning of loan was issued to the complainant by the Bank of India Branch Tarn Taran vide reference No. TT/ADV/11/56 dated 11.10.2018. As per terms and conditions of the loan issued to the complainant by the bank an amount of Rs. 50,000/- was transferred from the bank in the account bearing No. 0372002100003666 of Punjab National Bank of the opposite party i.e. B.S. Namdhari Furniture House, vide transactionbearing UTR No. BKIDN18288464903 and having transaction ID No. S94271649 dated 15.10.2018. Now said opposite party is not using the material that was agreed to be used to make the furniture of the complainant, moreover, the opposite party is adding unnecessary taxes and demanding more money from the complainant. The opposite party has behaved very disrespectfully with the complainant on his shop by using foul language in front of villagers. The opposite party has insulted the complainant many times on his shop then on 19.10.2018 the complainant denied to buy any low grade furniture from the opposite party and requested him to return the loan amount to bank i.e. the same account of the bank, from which the payment was transacted in to the account of opposite party. But to utter surprise of the complainant, the opposite party stated that he will charge Rs. 10,000/- and will return only Rs. 40,000/- to the bank account from which the loan amount of Rs. 50,000/- was transacted to his account. The complainant approached the opposite party many a times but he lingered on the matter on one pretext or the other by taking lame excuses and by stating that the opposite party will return only Rs. 40,000/- after deducting Rs. 10,000/- which is illegal. The opposite party has denied to return the above said amount of Rs. 50,000/- to the complainant in his loan account. Neither complainant got the desired furniture nor the complainant is getting his loan amount from the opposite party and apart from that the complainant has to pay the interest of the loan amount which is neither with him nor has spent by him. The complainant has prayed that the opposite party may be directed to return the above said loan amountRs. 50,000/- alongwith interest and Rs. 30,000/- as compensation on account of mental and physical harassment caused to the complainant and Rs. 10,000/- as litigation expenses. Alongwith the complaint, the complainant has placed on record affidavit of complainant Ex. C-1, sanction letter of bank of India dated 11.10.2018 Ex.C-2, Certified copy of transaction dated 15.10.2018 for amount of Rs.50,000/- in the account of opposite party Ex. C-3, Copy of Adhar Card of complainant Ex. C-4, Copy of statement of loan account of complainant Ex.C-5.
2 After formal admission of the complaint, notice was issued to Opposite Party and opposite party appeared through counsel and filed written version contesting the complaint by taking preliminary objections that the present complaint is not maintainable in the eyes of law, as the pleadings of the complaint prima facie are regarding recovery of amount and as such, the complainant if have any such grievance as alleged by him, he can approach only Civil Courts for any such alleged recovery and as such, no complaint in this Forum can be filed regarding the alleged claims. The present complaint has been filed just to harass the opposite party and the pleadings of the complaint have been concocted for the purpose. The opposite party deals in furniture business under the brand and name “B.S. Namdhari Furniture House” at village Naushehra Pannuan District Tarn Taran and the complainant approached the opposite party for purchasing some cabin partition and as such purchased from the opposite party, these articles for Rs. 50,000/- vide bill No. 194 dated 5.10.2018 and amount of Rs. 50,000/- was received by the opposite party on 15.10.2018 by way of transfer entry, as such, except this no other transaction ever happened between the parties nor any quotation was issued to the complainant in any other regard. On merits, it was pleaded that goods were sold by the opposite party to the complainant and amount of Rs. 50,000/- was received by him on 15.10.2018 by way of transfer entry. The opposite party has denied the other contents of the complaint and prayed for dismissal of the complaint. Alongwith the written version, the opposite party has placed on record affidavit of Balwinder Singh Ex. OP-1, self attested copy of Bill dated 5.10.2018 Ex. OP-2.
3 The complainant has filed rejoinder to the written version filed by the opposite party and controvert the same and reiterated the stand as taken in the complaint. It was pleaded that an application was given to the Incharge Police ChownkiNaushehraPannuan by Harbhajan Singh father of the complainant against the opposite party Balwinder Singh, thereafter a compromise was affected between both the parties in the presence of witnesses at Police Chowki Naushehra Pannuan that the opposite party Balwinder Singh will return Rs. 50,000/- in the bank account from which the same amount was transferred in the account of opposite party Balwinder Singh and it was agreed between both the parties that Harbhajan Singh will pay an amount of Rs. 10,700/- to the opposite party Balwinder Singhwhich is alleged to be previous balance of Balwinder Singh against Harbhajan Singh. Said compromise was read over in the presence of both the parties in the presence of witness. After admitting the terms and conditions of the said compromise, the same was signed by complainant as well as the opposite party in the presence of witnesses and thereafter the witnesses also signed the said compromise as the attesting witnesses. The said copies of the application and compromise were obtained by the complainant by giving application under Right to Information Act before the office of SSP Tarn Taran. Thereafter Harbhajan Singh father of the complainant has paid sum of Rs. 10,700/- to the opposite party as per the terms and conditions of the above said compromise in the presence of witnesses but the opposite party Balwinder Singh has not returned/ transferred the amount of Rs. 50,000/- in the bank account of Bank of India as per the compromise till date. The compromise was affected in the presence of Harjinder Singh son of Ajit Singh resident of village Naushehra Pannuan and other witnesses and the amount of Rs. 10,700/- was also given to the opposite party in the presence of Harjinder Singh alongwith other witnesses and prayed that the present complaint may be allowed. Alongwith the rejoinder, the complainant has placed on record self attested copy of application filed by the complainant before the Chowki Incharge Naushehra Pannuan Ex. C-6, Self attested copy of compromise duly attested by ASI Ex. C-7, Affidavit of Harjinder Singh witness Ex. C-8.
4 We have heard the Ld. counsel for the parties have gone through the record placed on the file by both the parties.
5 The complainant contended that he wants to purchase stocks of Laptop, Printer & Furniture etc. and its costs was expected to be Rs. 1,85,000/-, therefore, the complainant applied for personal loan for purchase stocks of Laptop, printer & Furniture etc. from Bank of India Branch Tarn Taran. On the application of the complainant, the bank sanctioned a personal loan for Rs. 1,35,000/-. The bank sanctioned the loan on the basis of some terms and conditions which include a condition that the complainant has to submit the quotations from the shopkeepers regarding the stocks of Laptop, Printer & Furniture etc. with the bank alongwith application for personal loan and complainant has to deposit Rs. 50,000/- as margin money in his account. As a result of which the complainant took quotation from the shopkeepers regarding the stocks of Laptop, Printer & Furniture etc. which the bank. He further contended that hetook the quotations for different articles from different shops and the complainant took quotation for furniture from the opposite party Balwinder Singh who is running a furniture house in the name of “B.S. Namdhari Furniture House” at G.T. Road Naushahra Pannuan Tehsil and District Tarn Taran. The opposite party gave a quotation for Rs. 50,000/- which was deposited by the complainant in the bank, on the basis of which a letter for sanctioning of loan was issued to the complainant by the Bank of India Branch Tarn Taran vide reference No. TT/ADV/11/56 dated 11.10.2018. He further contended that as per terms and conditions of the loan issued to the complainant by the bank an amount of Rs. 50,000/- was transferred from the bank in the account bearing No. 0372002100003666 of Punjab National Bank of the opposite party i.e. B.S. Namdhari Furniture House, vide transaction bearing UTR No. BKIDN18288464903 and having transaction ID No. S94271649 dated 15.10.2018. Now said opposite party is not using the material that was agreed to be used to make the furniture of the complainant, moreover, the opposite party is adding unnecessary taxes and demanding more money from the complainant. The opposite party has behaved very disrespectfully with the complainant on his shop by using foul language in front of villagers. The opposite party has insulted the complainant many times on his shop then on 19.10.2018 the complainant denied to buy any low grade furniture from the opposite party and requested him to return the loan amount to bank i.e. the same account of the bank, from which the payment was transacted in to the account of opposite party. the opposite party stated that he will charge Rs. 10,000/- and will return only Rs. 40,000/- to the bank account from which the loan amount of Rs. 50,000/- was transacted to his account. The complainant approached the opposite party many a times but he lingered on the matter on one pretext or the other by taking lame excuses and by stating that the opposite party will return only Rs. 40,000/- after deducting Rs. 10,000/- which is illegal. The opposite party has denied to return the above said amount of Rs. 50,000/- to the complainant in his loan account. Neither complainant got the desired furniture nor the complainant is getting his loan amount from the opposite party and apart from that the complainant has to pay the interest of the loan amount which is neither with him nor has spent by him. He further contended that an application was given to the Incharge Police Chowki Naushehra Pannuan by Harbhajan Singh father of the complainant against the opposite party Balwinder Singh, thereafter a compromise was affected between both the parties in the presence of witnesses at Police Chowki Naushehra Pannuan that the opposite party Balwinder Singh will return Rs. 50,000/- in the bank account from which the same amount was transferred in the account of opposite party Balwinder Singh and it was agreed between both the parties that Harbhajan Singh will pay an amount of Rs. 10,700/- to the opposite party Balwinder Singh which is alleged to be previous balance of Balwinder Singh against Harbhajan Singh. He further contended that said compromise was read over in the presence of both the parties in the presence of witness. After admitting the terms and conditions of the said compromise, the same was signed by complainant as well as the opposite party in the presence of witnesses and thereafter the witnesses also signed the said compromise as the attesting witnesses. The said copies of the application and compromise were obtained by the complainant by giving application under Right to Information Act before the office of SSP Tarn Taran. Thereafter Harbhajan Singh father of the complainant has paid sum of Rs. 10,700/- to the opposite party as per the terms and conditions of the above said compromise in the presence of witnesses but the opposite party Balwinder Singh has not returned/ transferred the amount of Rs. 50,000/- in the bank account of Bank of India as per the compromise till date. The compromise was affected in the presence of Harjinder Singh son of Ajit Singh resident of village Naushehra Pannuan and other witnesses and the amount of Rs. 10,700/- was also given to the opposite party in the presence of Harjinder Singh alongwith other witnesses and prayed that the present complaint may be allowed.
6 Ld. counsel for the opposite party contended that present complaint is not maintainable in the eyes of law, as the pleadings of the complaint prima facie are regarding recovery of amount and as such, the complainant if have any such grievance as alleged by him, he can approach only Civil Courts for any such alleged recovery and as such, no complaint in this Forum can be filed regarding the alleged claims. The present complaint has been filed just to harass the opposite party and the pleadings of the complaint have been concocted for the purpose. The opposite party deals in furniture business under the brand and name “B.S. Namdhari Furniture House” at village NaushehraPannuan District Tarn Taran and the complainant approached the opposite party for purchasing some cabin partition and as such purchased from the opposite party, these articles for Rs. 50,000/- vide bill No. 194 dated 5.10.2018 and amount of Rs. 50,000/- was received by the opposite party on 15.10.2018 by way of transfer entry, as such, except this no other transaction ever happened between the parties nor any quotation was issued to the complainant in any other regard. He further contended that goods were sold by the opposite party to the complainant and amount of Rs.50,000/- was received by him on 15.10.2018 by way of transfer entry. He prayed that the present complaint may be dismissed.
7 The main dispute between the parties in the present case is that personal loan of Rs. 1,35,000/- was sanctioned to the complainant for purchase of stocks of Laptop, Printers, furniture etc. vide sanction letter dated 11.10.2018 Ex. C-2. The complainant approached the opposite party and told him for preparing the cabin etc. and the complainant obtained quotation from the opposite party and submitted the same with the bank and the bank has transferred Rs. 50,000/- in the account of the BS NamdhariNaushehraPannuan i.e. opposite party which is evident from the documents Ex. C-3. An amount of Rs. 1,35,000/- has been shown as loan disbursed to Sarabjit Singh vide document Ex. C-5. The opposite party in his written version pleaded that the complainant approached the opposite party for purchasing some cabin partition and as such purchased from the opposite party, these articles for Rs. 50,000/- vide bill No. 194 dated 5.10.2018 Ex. OP-2 and amount of Rs. 50,000/- was received by the opposite party on 15.10.2018 by way of transfer entry, as such, except this no other transaction ever happened between the parties nor any quotation was issued to the complainant in any other regard. As per pleadings of the complainant, later on the opposite party was not using the material which was agreed to be used to make the furnitureof complainant and due to this reason, the complainant requested the opposite party to transfer the amount of Rs.50,000/- in his account. In the written version, the opposite party has admitted that the complainant approached to the opposite party and an amount of Rs. 50,000/- has been transferred in his account. The complainant approached the opposite party for taking the services and requested for preparing the cabin etc. and an amount of Rs. 50,000/- has been transferred in the account of opposite party, as such, this is a consumer dispute between the complainant and opposite party and the present complaint is maintainable before this Forum. The complainant has placed on record one application dated 12.11.2018 addressed to Incharge Police Post NaushehraPannuan Ex. C-6 which is moved by Sh. Harbhajan Singh father of the complainant against Balwinder Singh opposite party regarding mater in question and the complainant has also placed on record one compromise Ex. C-7 and the said compromise has been effected between Harbhajan Singh father of complainant and Balwinder Singh in which the opposite party admitted that an amount of Rs. 50,000/- of Sarabjit Singh has been transferred in the account of opposite party and Balwinder Singh will return the same to complainant Sarabjit Singh alongwith interest of one month. It was also agreed between the parties that loan of Rs. 1,50,000/- which has been taken by HarbhajanSingh will be returned by him and in case the same is not returned by him then Sarabjit Singh will be responsible for the same. It was also agreed between them that Harbhajan Singh will pay Rs. 10,700/- to Balwinder Singh. A note is also given on the said compromise that GST will be deducted on the amount of Rs. 50,000/-. The said compromise is Ex. C-7 and it bears the signatures of Harbhajan Singh, Balwinder Singh, Sarabjit Singh, Harjinder Singh and others.
8 In compromise Ex. C-7, it has been admitted by the opposite party that he will return the amount of Rs. 50,000/- to the complainant and he will deduct the GST from the said amount. But the opposite party has failed to prove on record any document which shows that he has paid any GST to any Department on the amount of Rs.50,000/-. The complainant has pleaded in his pleadings that he has returned Rs. 10,700/- to the opposite party and to prove his contention, the complainant has placed on record affidavit of Harjinder Singh son of Ajit Singh resident of village NaushehraPannuan Tehsil and District Tarn Taran Ex. C-8 on the file. By not providing the cabin to the complainant on the material agreed and after that by not transferring the amount of Rs. 50,000/- in the account of complainant, the opposite party has harassed the complainant unnecessarily. The opposite party is using the amount of Rs. 50,000/- from 15.10.2018 and the complainant is paying the interest of the same to the bank.However, during the course of arguments, opposite party has placed on record a document regarding payment of GST & CST, which is amounting to Rs. 7,640.64 Paise. But in the said bill there is cutting in the column of name of the party. Originally, it was issued in the name ofone Surjit Singh but after cutting, the name Sarabjeet Singh is written by hand as such, we do not rely upon this bill as it does not seems to be a genuine one. So no relaxation can be given to opposite party regarding GST. The complainant is also entitled to the interest on the said amount from the opposite party. The act and conduct of the opposite party constitutes deficiency in service and unfair trade practice.
9 In view of above discussion, the present complaint is allowed and the opposite party is directed to pay an amount of Rs. 50,000/- (Rs. Fifty Thousand only) to the complainant alongwith interest at the rate of 6% per annum from 15.10.2018 till the realization . Opposite party is also directed to pay litigation expenses to the tune of Rs. 5000/- to the complainant. Compliance of this order be made within one month from the date of receipt of copy of the order, failing which the complainant is entitled to get the order executed through the indulgence of this Forum. Copy of order be supplied to the parties free of costs as per rules. File be consigned to record room.
Announced in Open Forum Dated:10.02.2020 |
(Charanjit Singh)
President (JaswinderKaur)
Member
