| ORDER | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR. Consumer Complaint No. 207 of 2015 Date of Institution: 06.04.2015 Date of Decision: 16.10.2015 Ranjit Singh son of Harbans Singh, resident of VPO: Kasel, Tehsil & District Tarn Taran. Complainant Versus Bhawani Leasing Co., through its Proprietor/ Partner/ Authorized Representative/ Manager/ Authorized Officer, carrying on its business Near Petrol Pump, Hide Market, Amritsar. Opposite Party Complaint under section 11/ 12 of the Consumer Protection Act, as amended upto date. Present: For the Complainant: Sh. K.S.Osahan, Advocate For the Opposite Party: Sh. S.M.Monga, Advocate Quorum: Sh.Bhupinder Singh, President Ms.Kulwant Kaur Bajwa, Member Order dictated by: Sh.Bhupinder Singh, President. - Present complaint has been filed by Sh.Ranjit Singh under the provisions of the Consumer Protection Act alleging therein that he had purchased one Indigo Car Bearing Registration No.PB10-BX-3900 from Sawinderpal Singh son of Gurdit Singh who had purchased the same from original owner of the said car Sh.Darhinderjit Singh son of Gurmohinder Singh. The complainant approached the Opposite Party and obtained the loan for making the payment of the above said car to the seller. The complainant since the day of availing the loan, has been regularly making the payment of the installments till 25.12.2014 and simultaneously has been requesting the Opposite Party of providing him the details of outstanding liability, copy of agreement, copy of interest, copy of receipts and other particulars, but the Opposite Party totally refused to provide such details and on the contrary threatened the complainant of making the payment without any hue and cry or else face repossession by the Opposite Party of the vehicle in question. Alleging the same to be deficiency in service, complaint was filed seeking directions to the opposite party to provide the details of outstanding liability, copy of agreement, copy of interest and the copy of receipts to the complainant and not to charge any illegal amount from the complainant. Compensation and litigation expenses were also demanded.
- On notice, Opposite Party appeared and filed written version in which it was submitted that as per the Hire Purchase agreement executed between the complainant and Opposite Party, the complainant had raised loan against the aforesaid vehicle and agreed to repay the sum of Rs.1,86,200/- in 28 monthly installments of Rs.6650/- to the Opposite Party. But the complainant has failed to repay the entire installments of loan and has become defaulter of the payment and therefore, he can not seek relief as prayed for, under the set of circumstances. The Opposite Party has already placed on record a true copy of account statement of the complainant according to which the balance amount of Rs.1,26,750/- is due towards the complainant as on 25.12.2014 and the Opposite Party reserves its right to recover the balance amount from the complainant as per the provisions of the law. While denying and controverting other allegations, dismissal of complaint was prayed.
- Complainant tendered into evidence his affidavit Ex.C1 alongwith documents Ex.C2 to Ex.C15 and closed the evidence on behalf of the complainant.
- Opposite Party tendered into evidence affidavit of Sh.Nitin Aggarwal Ex.OP1 alongwith documents Ex.OP2 and Ex.OP3 and closed the evidence on behalf of the Opposite Party.
- We have carefully gone through the pleadings of the parties; arguments advanced by the ld.counsel for the parties and have appreciated the evidence produced on record by both the parties with the valuable assistance of the ld.counsel for both the parties.
- From the record i.e. pleadings of the parties and the evidence produced on record by the parties, it is clear that the complainant purchased second hand car Indigo Bearing Registration No.PB10-BX-3900 from Sawinderpal Singh son of Gurdit Singh who had purchased the same from original owner of the said car Sh.Darhinderjit Singh son of Gurmohinder Singh by taking financial assistance to the tune of Rs.1,20,000/- from Opposite Party. Complainant alleges that he paid the entire amount to its owner Sawinderpal Singh son of Gurdit Singh and he has been making the payment of the installments of the loan to the Opposite Party regularly. However, the complainant requested the Opposite Party to provide him the details of outstanding liability, copy of agreement, copy of interest and copy of receipts and other particulars, but the Opposite Party has been making the flimsy excuses. Ld.counsel for the complainant submitted that all this amounts to deficiency of service on the part of the opposite party qua the complainant and the Opposite Party is liable to be directed to provide him the details of outstanding liability, copy of agreement, copy of interest, copy of receipts and other particulars, etc. to the complainant and not to charge any illegal amount from the complainant.
- Whereas the case of the Opposite Party is that the complainant obtained loan facility for the purchase of aforesaid second hand car from Opposite Party to the tune of Rs.1,20,000/- and the amount of Rs.66,200/- on account of interest was also payable by the complainant to the Opposite Party, as such total amount payable by the complainant was Rs. 1,86,200/- which was payable in 28 monthly installments of Rs.6650/. But the complainant has failed to repay the entire installments of loan and has become defaulter of the payment and therefore, he can not seek relief as prayed for, under the set of circumstances. The Opposite Party has placed on record a true copy of account statement of the complainant according to which, the balance amount of Rs.1,26,750/- is due towards the complainant as on 25.12.2014 and the Opposite Party reserves its right to recover the balance amount from the complainant as per the provisions of the law. Ld.counsel for the opposite party submitted that there is no deficiency of service on the part of the Opposite Party.
- From the entire above discussion, we have come to the conclusion that complainant purchased the used car “Indigo” Bearing Registration No.PB10-BX-3900 from Sawinderpal Singh son of Gurdit Singh who had purchased the same from original owner of the said car Sh.Darhinderjit Singh son of Gurmohinder Singh; by taking financial assistance to the tune of Rs.1,20,000/- from Opposite Party and the Opposite Party executed the Hire Purchase Agreement Ex.OP3. Loan was sanctioned on 24.2.2014 to the tune of Rs.1,20,000/- and the interest chargeable is Rs.66,200/- and in all, a sum of Rs.1,86,200/- was payable by the complainant to the Opposite Party in 28 monthly installments of Rs.6650/- as per the statement of account of the complainant Ex.OP2. Opposite Party also produced Hire Purchase agreement executed between the complainant and Opposite Party, containing all the details of the loan. As per the statement of account Ex.OP2 which is not disputed by the complainant, the complainant paid first installment on 25.3.2014, second installment on 18.4.2014, 3rd installment on 20.5.2014, fourth installment on 27.6.2014, but the complainant did not pay the installment of July, 2014 which was due payable on 24.7.2014. The complainant paid the next installment on 26.8.2014, then on 24.9.2014, then on 27.10.2014 and thereafter on 25.11.2014 and lastly on 25.12.2014. Thereafter, the complainant did not pay any installment to the Opposite Party. As such, the complainant became defaulter as he has not paid the installments became due in January, 2015 onwards and till date, the complainant has not paid any further installment, even after the filing of the present complaint. The complainant in his affidavit has stated that he has been regularly making the payment of the installments to the Opposite Party, which proves to be false. Hire purchase agreement, copy of which is Ex.OP3. Statement of account of the complainant Ex.OP2 fully depict all the installments paid by the complainant and outstanding amount payable by the complainant and as per this statement of account Ex.OP2, a sum of Rs.1,26,750/- was due payable by the complainant to the Opposite Party as on 25.12.2014 and the complainant did not pay even a single penny to the Opposite Party after 25.12.2014. All this shows that the complainant has not come to this Forum with clean hands, rather he is defaulter and as such, the complainant is not entitled to any relief.
- Resultantly, we hold that the complaint is without merit and the same is hereby dismissed with no order as to cost. Copies of the order be furnished to the parties free of cost. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
Dated: 16.10.2015. (Bhupinder Singh) President hrg (Kulwant Kaur Bajwa) Member | |
