IN THE COURT OF THE PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,KEONJHAR
CONSUMER COMPLAINT CASE NO. 6 of 2019
Sri Dhanu Palei, aged about 49 years,
S/O-Dasaratha Palei,of vill-Banspani,P.S-Joda,
Dist-Keonjhar………………………….………….…………...…..… Complainant
Versus
1.Branch Manager,
ICICI Bank Finance Co Ltd.
At-Mining Road, infront of big Bazar,
P.O-Keonjhargarh,P.S-Town,Dist-Keonjhar
2. ICICI Bank ltd.
184 III floor OCCF Building,
Sriya Square, Janapath, Kharavela Nagar,
Bhubaneswar-751001…………………………………………………… Opp.Parties
Present:
Smt. B.Giri, President (I/C)
Sri Bharat Bhusan Das (Member)
Advocate for complainant- G.N Jena & Associate
Advocate for O.P-1 & O.P-2 - Nalini kanta Dash & Associates
Date of hearing - 03.07.2020 Date of Order-09.11.2020
Smt B.Giri President (I/C) -
Brief Facts of the case is that during the year 2006 the Op finance company persuaded the present complainant to purchase an old vehicle seized by them and they also ready to finance against the said seized vehicle and as the complainant agreed upon the proposal of the Op finance company the Op finance company financed a sum of Rs 3,90,000/-vide loan agreement No LUJDA-00004252127 and handed over the said vehicle bearing Regd No-HR-51-M-4585 with a promise to hand over all the vehicular documents against the said vehicle after change of ownership in favour of the complainant but not supplied the vehicular documents to the complainant for which the complainant could not run the vehicle and went on requesting the Op finance Company, but Op finance company went on deducting the EMI charges about Rs 3,00,000/- (Three lakh) from the account of the complainant and when complainant pressed hard they refused to take their liabilities. As such complainant took the matter to Lok Adalat where OP appeared and promised to hand over the vehicular documents to the complainant, but again failed to handover the said documents as such complainant stopped EMI payments of the OP finance company for which Op Finance company on 15.9.2018 sent a notice to complainant for recovery of an arrear of Rs 5,86,331.51ps without providing the documents of the vehicle for which this complainant prefer on behalf of the complainant praying this forum for a direction to Op finance company to refund the EMI taken of Rs 3,00,000/-against the loan account with bank rate of interest and to wave the claim amount of Rs 5,86,331.51ps towards claim of Op vide Letter dtd 15.09.2018 and further to pay Rs 50,000/- towards compensation for mental agony and Rs 5000/-towards cost of litigation with a further direction to Ops to take back the financed vehicle as Ops failed to provide the vehicular documents and to provide NOC against the loan account with other reliefs if any, found fit and proper and to prove his case filed the following documents in his support.
1. Xerox copy of Advocate notice dt 22.09.2018.
2. Notice dt 29.8.2010 of Legal Aid.
3. Demand notice dt 15.09.2018 of Op finance company addressing to complainant for payment of Rs 5,86,331.51ps.
After service of notice Ops appeared through their engaged Advocate and challenged the complaint petition by filing their version and denied their liabilities by stating that the case is barred by law of limitation and bad for non joinder of necessary parties as solution plus is a necessary party who supplied the vehicle to the complainant on receipt of finance amount from Ops and these Ops have paid the entire Loan amount of Rs 3,90,000/-to the solution plus and solution plus has to give the vehicular documents to the complainant as this Ops have only financed to the complainant as such complainant is no way liable for any relief from these Ops and in support filed loan application and copy of agreement.
After going through complainant petition and version filed by Ops we have came to a point that the crux of the dispute is that whether financer is liable for any deficiency of service or not and as Ops raised objection that filing of complaint after 13 years is barred by Limitation is necessary to be taken our adjudication on this connection we found a letter given by Op finance company to the complainant asking to pay Rs 5,86,331.51ps on their letter dtd. 15.09.18 and this document filed by the complainant is in record.
So it is clear that the matter is continuing as such filing of complaint on 23.2.19 is within 2 years of last cause of action as such maintainable.
On the other point the complainant submitted that only after filing version by Ops it came to the notice of this complainant that one 3rd party i.e. one solution plus has taken the loan amount of Rs 2,89,000/-from these Ops and supplied the old used vehicle to the complainant from the document page 27/28/29 filed by the Ops finance company, it reveals that one solution plus taken finance money from the Ops. but no where the address of the solution plus given by the Ops and Ops are also silent about the amount given to solution plus by means of cheque or cash generally the finance company always gives the finance amount through cheque but in the present case it is not done which creates the suspect on the role of Ops and it can be safely presumed that the Op finance Company by joining hand with another firm whose where about is not disclosed to the complainant and cheated to the present complainant by giving an old vehicle without vehicular documents.
In this regard the complainant relied upon a decision passed by Hon’ble National commission reported in 2013(2) CPR 357(NC) between Tata finance Ltd. Vrs Sri Sudeeep Kumar Jain where in it is held that it was duty of petitioner to ensure that all the necessary documentation was arranged by them, so that registration of car could be transferred in the name of new purchaser, but in the present case Ops./Financer neither took responsibility to give documents of the vehicle taken on finance nor made any endorsement on the RC book that the vehicle is hypothecated from his finance company and to keep one key of the hypothecated vehicle with them, but in the present case that has also not been made apart from that on page 26 of the document filed on behalf of Ops i.e Annexure- E1 series of Ops it is clear that Op finance company has only financed 2,89,000/-(Two lakh Eighty Nine thousand) and against which already received Rs 3,00,000/-(Three lakh) and further claiming of Rs 5,86,331.51ps during sept.- 2018 without providing vehicular documents is illegal and not tenable under eyes of Law, which raised finger towards fraudulent activities of the present Op finance company and for such act the present innocent Consumer put to mental agony harassment and caused heavy financial loss. The plea taken by finance company that as solution plus given the vehicle it is not their duties to supply the vehicular documents to the complainant is not accepted under these facts and circumstances. We came to the conclusion that non disclosing the name and address of the company who supplied the old used vehicle to the complainant and giving of finance amount without cheque and not disclosing the proper and full address of the solution plus and keeping the complainant in total dark by providing an old used vehicle without paper, in our opinion it is nothing but deficiency of service by the Ops finance company as such both the Ops are liable for the same.
Under these circumstances we have no hesitation to allow the complaint petition and direct the Ops finance Company to take return back the old used vehicle bearing Regd No-HR-51-M-4585 from the complainant and refund the entire EMI amount taken from him with Rs 5000/-(Five thousand) Compensation for mental agony and Rs 2000/-(Two thousand) towards cost of litigation within 45 days from receipt of this order or else the entire amount will carry @ 6% interest till final realization.
The case is accordingly disposed of and pronounced in open court to-day i.e 9th day of Nov- 2020 under my hand and seal.
A free copy be supplied to the parties concerned.
Pronounced on 9th day of Nov- 2020
I agree
( Sri B. B. Das) ( Smt B. Giri)
Member (I/C.,President)
DCDRC,Keonjhar DCDRC,Keonjhar
Dictated & Corrected by
( Smt B. Giri)
(I/C.,President)
DCDRC,Keonjhar
