Haryana

Bhiwani

CC/13/2017

Deepak Sharma - Complainant(s)

Versus

Bittu Ent. - Opp.Party(s)

R.K Sharma

27 Oct 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

CONSUMER COMPLAINT NO.     13 of 2017

                                    DATE OF INSTITUTION:                16.01.2017

                                                DATE OF ORDER:                           27.10.2023

 

Deepak Sharma son of Sh. Birbal Sharma R/o near Dobi Talab, Hirapuri Mandir, Bhiwani, Tehsil and District Bhiwani.

 

            ……Complainant.

 

Versus

 

1.         Bittu Enterprises (Regd.), Gali No.8, Dhana Road, Dadri Gate Bhiwani, Tehsil and District Bhiwani through its Proprietor Bittu.

 

2.         Regional Transport Authority (RTA) near HUDA Park, Bhiwani.

 

….. Opposite Parties.

 

COMPLAINT U/S 12 OF CONSUMER PROECTION ACT, 1986.

 

 

BEFORE:      Hon’ble Mrs. Saroj Bala Bohra, Presiding Member.

Hon’ble Ms. Shashi Kiran Panwar, Member.

 

Present:-      Sh. R.K. Singh, Advocate for complainant.

        OP No.1 exparte.

        None for OP No.2.

ORDER:

 

Saroj Bala  Bohra, Presiding Member.

 

1.                     Brief facts of the present complaint are that complainant is owner of a Three-wheeler having regn. No.HR-61C-6609, chasis no.MA1LE2FYSF5F86399, engine no.A5F0910643 and plying the same for his livelihood and the said vehicle was financed from OP No.1.  As per complainant, he paid all the loan installments alongwith interest and nothing is outstanding qua the said loan and OP No.1 has issued Form 35 (notice of termination an agreement of hire purchase lease/hypothecation) in this regard. Complainant applied to OP No.2 for deletion of hypothecation (HPA) in registration certificate of the vehicle where complainant came to know that OP No.1 has furnished an affidavit in the OP No.2 authority with regard to outstanding loan amount towards the said vehicle.  Upon this, complainant got served legal notices dated 15.12.2016 and 17.12.2016 for doing needful for deletion of hypothecation in the RC of vehicle as well as for returning  blank signed cheques no.000001 & 000004 (out of serial no.000001 to 000011) pertaining to account no.677010110006888 of complainant with Bank of India, but of no avail.  Hence, the present complaint has been preferred by complainant seeking directions to OPs to delete the hypothecation entry from RC of the complainant; to return the alleged cheques and to payRs.20,000/-  as compensation for harassment.

2.                     Notice sent to OP No.1 but it did not turn up. As such, it was proceeded against as exparte vide order dated 18.09.2018,

3.                     OP No.2 appeared and filed written statement raising preliminary objections qua maintainability of the present complaint, jurisdiction, cause of action, joinder of parties; locus standi and suppression of material facts from this Commission.  On merits, it is stated that the dispute, if any, is between the complainant and OP No.1.  As and when, NOC is issued by OP No.1 to the complainant then, the OP No.2 will remove the entry of hypothecation from the registration certificate of the said vehicle as required under the law. It has no concern whatsoever with the present dispute. However, OP No.2 will make compliance of the order/judgment as may be passed by this Commission.  In the end, prayer made for dismissal of the complaint with costs.

4.                     In evidence of complainant, his affidavit Ex. CW1/A alongwith documents Annexure C-1 to Annexure C-6 and closed the evidence on 16.11.2018.

5.                     On the other side, no evidence tendered on behalf of OP No.2.

6.                     We have heard learned counsel for complainant and perused the record carefully.

7.                     Perusal of Registration Certificate of the vehicle in question (Annexure C-1) proves ownership of complainant over the vehicle and that there is HPA/Lease in favour of OP No.1. Annexure C-2 is Form 35 which is a prescribed form as Notice of Termination of an Agreement of Hire Purchase/Lease/Hypothecation. This form, in duplicate, has been signed by OP No.1; addressed to the concerned Registering Authority wherein it has been mentioned that we hereby declare that agreement of hire-purchase/lease/hypothecation entered between us has been terminated. We, therefore, request that the note endorsed in certificate of Registration of Vehicle No.HR61-C-6609 in respect of the agreement between us, be cancelled.  Contrary to the above, Op No.1 filed an affidavit (Annexure C-3) before the concerned registering authority for not deletion of HPA. Since, the OP No.1 has singed the document(s) for deletion of hypothecation on the RC thereafter denial for the same is very astonishing and is unfair trade practice on its part. This conduct of OP No.1 must have harassed the complainant by delaying his matter as well as precious time of complainant. Resultantly, the complaint is hereby allowed and OPs are directed to comply with the following directions within 30 days from the date of passing of this order:-

(i)        OP No.2 to delete the HPA entry mention on R.C. bearing No.HR-61C-6609 subject to other necessary formalities, if any, by complainant.

(ii)       OP No.1 to pay a sum of Rs.20,000/- (Twenty thousand) to the complainant as compensation for harassment.

(iii)      OP No.1 to return the alleged blank signed cheque (s) of complainant under proper receipt.

(iv)      OP No.1 also to pay a sum of Rs.55,00/- (Rs.Five thousand five hundred) as litigation expenses.

                                                                       

                        In case of default, the OP No.1 shall liable to pay simple interest @ 9% per annum on the aforesaid awarded amounts for the period of default. The complaint is allowed accordingly.  Certified copies of this order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.              

Announced.

Dated:27.10.2023.

 

                                    (Shashi Kiran Panwar)                    (Saroj Bala Bohra)

                                                       Member                           Presiding Member

District Consumer

Disputes Redressal

Commission,Bhiwani. 

 

 

 

 

Present:-      Sh. R.K. Singh, Advocate for complainant.

        OP No.1 exparte.

        None for OP No.2.

 

                    Arguments heard.  Vide our separate order of even date, the complaint has been allowed. File after due compliance be consigned to the records.

 

Dated:27.10.2023.

 

                                    (Shashi Kiran Panwar)                    (Saroj Bala Bohra)

                                                       Member                           Presiding Member

District Consumer

Disputes Redressal

Commission,Bhiwani.