Facts as embodied under complaint is that the complain ant purchased a motor cycle on 05.11.2018 from Durga Auto Centre, Malda who is OP no 1 of the petition. Complainant purchased the vehicle with the help of the L&T financial Service who financed rupees 64,000/-. This complainant p[aid 17,530/- as down payment and total value of the vehicle was 81,538/-. EMI of the financer was 5,907/- per month in one year. The vehicle was duly registered by RTO under no WB 84 B 8548. Complainant paid all of his loan amount and received NOC from the financer. But subsequently complainant found that he has paid excess payment 4,477/-. He sent a letter to the OP about excess payment but OP 1 made no response of it. Hence he approached before this commission for return of 4,477/- which is excess payment and also for compensation of rupees 4 lakh.
OP 1 did not appear. OP 2 appeared and made a version that case is not maintainable one as consumer dispute. Complainant personally applied for loan facility and bound the terms and condition of the agreement. Hire purchase, loan agreement cum hypothecation agreement can not be construed as deficiency in service. The remedy of the complainant is to initiate arbitration proceeding as per clause B of the agreement. The loan agreement number was 4354817 and amount of Rs.64,000/-, loan tenure was 12 months starts from 03.01.2019 to 03.12.2019. Complainant timely paid the EMIs from 4th EMI, hence no penal charge has been levied. The levy of interest and cheque bounce charges during the first three months of the loan and subsequent loan status can be seen from the statement of account. NOC was issued to the complainant. OP 2 deducted 587/- for life insurance policy commencing from 19.11.2018 to 11.11.2020. The complainant is not entitled to get any relief.
DECISION
In order to substantiate complaint the complainant examined himself as PW 1 and another witness came to the court as PW 2.
OP 2 filed WV but gave no evidence except WNA.
This commission carefully perused all the papers as on record including the evidence both oral and documentary.
On scrutiny of those we found bill of Rs. 69,938/- remains in the record under signature of OP 1. But from the record nowhere we found that the complainant paid Rs. 81,538/- in total to the OP no 1 (Down payment + Loan) except some letters were given to the OP 1 mentioning the amount 81,538/- about such payment.
However considering exparte evidence of PW 1 and since none appeared to contradict this evidence, We hold complainant is entitled to get return of Rs 2,000/-. (81538/- -79,538/- = 2,000/-).
HENCE ORDER
that the complainant do get Rs 2,000/- from OP no 1 if rupees 81,538/- is fully paid by the complainant as down payment and taken loanfrom financer and compensation of Rs.5,000/- for mental agony and harassment from OP no-1. Complaint petition is thus disposed without cost.
