Punjab

Rupnagar

CC/21/63

Chaman Lal - Complainant(s)

Versus

Bapu Ganga dass Ji Motors - Opp.Party(s)

Sh. Kamaml Singh Rana, Adv.

24 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

RUPNAGAR

 

Consumer Complaint No.        :63 of 02.09.2021

Date of Decision                     :24.03.2023

 

 

Chaman Lal aged about 36 years son of Sh. Shiv Ram Resident of Village & PO Mangewal, PS & Tehsil Anandpur Sahib, District Rupnagar.

 

                                                                                                ….Complainant

Versus

 

1. Bapu Ganga Dass Ji Motors, Opposite Indian Oil Petrol Pump, Nangal Road, Kiratpur Sahib, District Rupnagar.
2. TVS Credit Services Limited, Branch NH-21, Near Grain Market, Rupnagar through its Branch Manager/ concerned authority.

    …Opposite Parties

Complaint under the Consumer Protection Act.

 

QUORUM:

SH.KULJIT SINGH, PRESIDENT

SH.RAMESH KUMAR GUPTA, MEMBER

 

COUNSEL FOR THE PARTIES:

 

For complainant             :         Sh.Kamal Singh Rana, Advocate

For OPs                          :         Ex parte

 

ORDER

PER  KULJIT SINGH, PRESIDENT

 

 

1. In the present complaint, the counsel for complainant has averred thaton 26.12.2020, complainant has purchased vehicle i.e. motorcycle TVS Radeon 110 ES Mag BSVI from OP-1 bearing registration No.PB-16F-6774 (due to typographical mistake written as PB-16F-7774) in legal notice dated 24.04.2021, Engine No.BK2LL3105181, Chassis No.MD625BK22L305659, Model 2020 for total sale consideration of Rs.72,000/- and out of which, complainant paid amount of Rs.24,000/- (due to typographical mistake written as Rs.22,000/- in legal notice dated 24.04.2021) i.e. down payment to OP and remaining amount of Rs.50,000/- has been financed by OP-2 in 26 installments i.e. Rs.2837/- per installment bearing loan agreement No.PB3044TW0018676 and complainant demanded receipt regarding said down payment of Rs.24,000/- in cash from OPs, but Ops assured complainant to issue the same within few days.  Officials of OP-2 received three blank signed cheques from complainant being security in office of OP-1.  After that, complainant received message on his mobile No.98153-68350 that Ops in connivance with each other wrongly and illegally made the finance/loan case of Rs.56,000/- instead of actual loan case of Rs.50,000/- regarding said vehicle.  Complainant asked the official of OPs to given loan case file and other concerned documents of said vehicle to him, but officials of OPs assured complainant to issue the same within few days.  Officials of Ops also insured the said vehicle of complainant with Go Digit General Insurance Ltd.  Complainant attached his bank account bearing No.50100023614559 of HDFC Bank regarding the deduction of said installments regarding said loan case and officials of Ops asked complainant that each installment will be payable on 3^rd day of every month.  OPs did not deduct the loan installments from said bank of complainant and complainant approached official of OPs namely Rajan regarding non deduction of installment of his said account, then said official of Ops informed the complainant that there is server down due to technical problem and said official received the amount of three installments in cash from complainant, but failed to issue the receipts regarding same to complainant.  Complainant received message on mobile that amount of Rs.4575/- is standing against complainant regarding penalty due to cheque bounce of complainant.  When sufficient amount was available in said bank account of complainant, then official of Ops have no right to present the cheque of complainant for any purpose and when complainant checked his bank statement that it came into the knowledge of complainant that no cheque of complainant presented by official of Ops in bank.  When complainant complained regarding same on Toll free No.18001035005, then it came into knowledge of complainant that there is no provision of company to receive the amount in cash.  Complainant requested the OPs to issue loan case file and remove/withdraw the said amount of Rs.4575/- regarding penalty of cheque bounce, but the Ops linger on the matter.  Lastly, prayer has been made that the Ops be directed to issue loan case file and other concerned documents regarding said vehicle to complainant and to remove/withdraw the said amount of Rs.4575/- qua penalty of cheque bounce and to pay Rs.50,000/- as harassment and Rs.25,000/- as litigation expenses.
2. Upon notice, OP No.1has failed to appear and ultimately was proceeded against ex parte vide order dated 28.01.2022.
3. OP No.2 also failed to appear and was proceeded against ex parte vide order dated 28.10.2022.
4. In order to prove his respective versions, complainant produced on the file his respective documents.
5. Ex parte arguments of counsel for complainant heard.  File also carefully perused.
6. From copy of statement of account of complainant Ex.C-1 reveals that every time sufficient balance available in the account of complainant during currency of loan installment of complainant.  Thus, virtually statement of complainant suffered through affidavit through Ex.C-7 is fully believable that despite having sufficient balance in the account of complainant, Ops imposed penalty of Rs.4575/-. Despite repeated request to OPs, the Ops have failed to remove/withdraw the said amount of Rs.4575/-.  Therefore, statement of complainant through affidavit fully believable that complainant is having sufficient funds in his account.  Moreover, Ops have failed to appear and rebut the allegations of the complainant. 
7. Consequently, this complaint is partly allowed Ex parte with directions to OPs to remove/withdraw the penalty charges of Rs.4575/- alongwith interest @ 6% P.A. from the date of imposition of said charges till realization.  Further, Ops are directed to issue certified copy of loan case of complainant and rectified the loan case, as per loan agreement or as agreed between the parties.  Ops also directed to pay Rs.3,000/- as compensation and Rs.2,000/- as litigation expenses. 
8. Compliance of above directions be made within 45 days of receipt of copy of this order. Copy of order be sent to the parties free of cost and thereafter the file be consigned to Record Room. File be indexed and consigned to record room.

 

Dated:24.03.2023

          (Ramesh Kumar Gupta)                  (Kuljit Singh)

          Member                                           President