Punjab

Moga

CC/15/88

Chamkaur Singh - Complainant(s)

Versus

Family Credit - Opp.Party(s)

In person

11 Jan 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MOGA.

 

                                      C.C. No. 88 of 2015

                                                                Instituted On: 05.11.2015

                                                  Decided On: 11.01.2016

 

Chamkaur Singh, aged about 30 years, Teacher s/o Pavittar Singh, resident of Bagha Purana, District, Moga.

Complainant 

Versus

 

1. Family Credit, SBI Building, Plot no.19, House no.223/2, 2^nd Floor, Rani Jhansi Road, Ludhiana-141001.

2. Gurpreet Singh, Agent C/o Guru Nanak Motor Agency, Hero Handa, N.S.Wala Road, Bagha Purana, District Moga.

 

 

Opposite Parties

 

 

Complaint under section 12 of the

Consumer Protection Act, 1986.

 

 

 

Coram:      Sh.S.S.Panesar, President

                   Smt.Bhupinder Kaur, Member

Present:     Sh.Chamkaur Singh complainant in person.

                   Opposite parties nos.1 & 2 exparte.

 

ORDER

(Bhupinder Kaur, Member)

                  Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘Act’) against Family Credit, SBI Building, Plot no.19, House no.223/2, 2^nd Floor, Rani Jhansi Road, Ludhiana and others (herein-after referred to as opposite parties)- directing them to quash the illegal demand of Rs.7510/- in regard to the loan case of Motor Cycle and to pay Rs.20,000/- as compensation on account of damages, mental tension and deficient services to the complainant or any other relief which this Forum may deem fit and proper.

2.                Briefly stated the facts of the complaint are that complainant has purchased one Motor Cycle after getting the loan from opposite party no.1. Opposite party no.2 was its agent and he used to collect the loan instalments. The said loan amount alongwith interest was to be paid in 18 equal installments worth Rs.2125/- each. The entire loan amount has been deposited in the account of respondent no.1. There is no amount outstanding against the complainant with regard to the said loan case. Opposite party no.1 have been issuing letters off and on and used to demand amount from the complainant unnecessarily. All of a sudden, the opposite party no.1 issued a letter demanding Rs.7510/-. The complainant visited to the office of opposite party no.1, but to no effect. The alleged demand is altogether illegal, unjust and is liable to be set aside. As a matter of fact there is no amount outstanding against the complainant. The services rendered by the opposite parties are deficient and complainant has been harassed unnecessarily. Hence this complaint.

3.                Upon notice, none has appeared on behalf of opposite party no.1, despite due service. As such, opposite party no.1 was proceeded against exparte. However, Sh.Gurpreet Singh, Agent/opposite party no.2 appeared in person and filed written reply and took up preliminary objections therein inter alia that the complaint is not maintainable; the complainant has got no locus-standi to file the complaint against the answering opposite party; no deficiency in service has been attributed to opposite party no.2; the complaint is absolutely false and frivolous. On merits, the contents of all the paras of the complaint have been denied and a prayer for dismissal of the complaint has been made.

                   After filing the written reply, none has appeared on behalf of opposite party no.2. As such, opposite party no.2 was ordered to be proceeded against exparte.

4.                In his evidence, the complainant Chamkaur Singh appeared in witness box as his own witness and filed his duly sworn affidavit Ex.C-1 in support of his allegations made in the complaint. The complainant also produced on record photocopies of the documents Ex.C-2 to Ex.C-15 and closed his evidence.

5.               We have heard learned the complainant and have also carefully gone through the record placed on file.

6.                The evidence adduced by the complainant has gone un-rebutted on record, as opposite party no.1 did not appear, despite due service, whereas, opposite party no.2 appeared in person at the first instance and filed written reply, but after filing written reply, he did not attend the Forum, for contesting the case and was eventually proceeded against exparte. It means and implies that opposite parties have impliedly admitted the case of the complainant. It is the case of the complainant that he availed the loan facility, for purchasing Motorcycle, from opposite parties. The loan was repayable in 18 installments @ Rs.2125/- each. The complainant has produced on record copies of the statement of account Ex.C3 to Ex.C11, besides that he has produced on record receipts Ex.C12 to Ex.C16 and a perusal whereof shows that the complainant has discharged his loan liability to its full and nothing was due and payable by the complainant to opposite parties on account of loan facility availed by him. But, however, the opposite parties have issued notice dated 12.05.2015, copy whereof is Ex.C-2 vide which they had made an illegal demand of Rs.7510/- on account of the loan, which is illegal, null and void and the complainant has no legal obligation to pay the alleged amount. The alleged notice is liable to be quashed being null and void.

7.                Consequently, the instant complaint succeeds and opposite party nos.1& 2 are hereby restrained from raising illegal demand of Rs.7510/- from the complainant. The opposite parties are further directed to pay an amount of Rs.3000/-(Three thousand only) as compensation on account of mental tension and deficiency in service. Order be complied within 30 days of the receipt of the copy of the order. If the opposite parties fail to comply with the order passed by this Forum within the stipulated period, the complaint shall be at liberty to approach this Forum for getting the order complied with, through indulgence of this Forum. In that eventuality, the opposite parties shall also be liable to pay interest on compensation amount @ 6% p.a. from the date of passing of this order until full and final recovery of the awarded amount. The complaint stands allowed ex-parte accordingly. Copies of the order be sent to the parties free of cost immediately and thereafter the file be consigned to the record room.

 

 

                              (Bhupinder Kaur)                    (S.S. Panesar)

                               Member                                     President

 

Announced in Open Forum.

Dated:11.01.2016.