Per Mr.B.S.Wasekar, Hon’ble President
1) The present complaint has been filed by the complainant U/s 12 of the Consumer Protection Act, 1986. According to the complainant, in the year-2009, he approached the opponent for loan to purchase carfor taxi purpose. Accordingly, the opponent released loan amount of `2 Lakhs on 14th March, 2009. The complainant executed certain documents in favour of the opponent. The complainant handed over the original documents i.e. insurance policy, permit book, tax book, car fitness certificate to the opponent. He also executed power of attorney in favour of the opponent. It was agreed to repay the loan in 22 monthly instalments of `8,500/-. The complainant repaid the loan amount `1,33,000/-. The taxi permit was to be expired on 2nd January, 2011. Therefore, complainant requested the opponent to hand over the original permit for renewal. The opponent refused to hand over the original permit and also to give ‘no objection’ for renewal of the taxi permit. The complaint issued notice dated 10th January, 2012 but the opponent failed to comply with it. The opponent has cheated the complainant. He suffered loss of `15,000/- for inconvenience, `9,000/- for mental suffering, `15,000/- for financial trouble, `5,000/- for tax payment with fine, `10,000/- for which complainant was unable to ply his taxi, `1,000/- per day as fine levied on the complainant by renewal authorities and `1,000/- for cost of this complaint. The complainant has filed this complaint with the prayer that the opponent be directed to give no objection for renewal of taxi permit and to pay monetary compensation to the complainant. He has also prayed for direction to pay `1,000/- per day for fine levied by renewal authorities.
2) The opponent appeared and filed written statement. It is admitted that complainant requested for loan amount and executed hire purchase agreement dated 14th March, 2009 with the opponent. The opponent paid loan amount of Rs.2 Lakhs to the complainant. The complainant agreed to repay the loan amount by monthly instalment of `8,500/- for 40 months amounting to `3,40,000/-. The complainant failed to repay the loan amount as per agreement and committed breach of terms and conditions of hire purchase agreement. The complainant failed to repay the balance amount of `1,83,000/-. He has paid only `1,23,000/-. As the complainant failed to repay the loan amount as per hire purchase agreement, the opponent is entitled to take possession of the taxi.
3) The opponent submitted that the documents are not in possession of this opponent as alleged by the complainant. Those documents are required with the complainant for plying the taxi. The complainant has filed this complaint to avoid the repayment of loan amount. Therefore, it is liable to be dismissed.
4) On hearing of both the parties and after going through the record, following points arise for our consideration
POINTS
Sr. No. | Points | Findings |
1) | Whether the complainant is entitled for monetary compensation as prayed ? | No |
2) | Whether the opponent is liable to give ‘no objection’ for renewal of taxi permit ? | No |
3) | What Order ? | As per final order |
REASONS
5) As to point No.1 & 2 :- There is no dispute that the complainant requested for loan amount and the opponent paid loan amount of `2 Lakhs to purchase the taxi. The opponent has produced copy of hire purchase agreement executed by the complainant. The same is not denied by the complainant. As per the hire purchase agreement, the complainant agreed to repay the loan amount by monthly instalment of `8,500/- for 40 months. As per the complainant and his affidavit of evidence he has repaid only amount of `1,33,000/-. Admittedly, taxi permit was to be expired on 2nd January, 2011. It shows that the complainant plied taxi for 22 months but he has repaid the loan amount only `1,33,000/-. It shows that he has not repaid the loan amount as per the hire purchase agreement and committed breach of the agreement. According to the complainant, the original documents including permit were with the opponent. The opponent denied it and submitted that those documents are required to be with the complainant for plying the taxi. As per motor vehicles rules original documents must be with the taxi while plying it. The complainant himself has stated that he was plying the taxi till the expiry of taxi permit. On this background, it can not be accepted that the original documents were not with the complainant. One can not ply taxi without original documents Therefore, the submission made by the complainant can not be accepted.
6) From the above discussion, it is clear that the complainant himself committed breach of hire purchase agreement. He has not repaid the loan amount as per agreement. Therefore, the opponent is entitled to take action as per hire purchase agreement. The approach of the complainant is not bonafide. He can not claim ‘no objection’ for renewal of taxi permit without repayment of loan amount as per agreement. As he himself failed to comply with the hire purchase agreement, he can not claim monetary compensation from the opponent. Thus, the complainant is not entitled for any relief as claimed by him. Therefore, we proceed to pass the following order.
O R D E R
1) Complaint stands dismissed
2) Parties to bear their own costs.
3) Inform the parties accordingly.
Pronounced
Dated 3rd September, 2013
