Chandigarh

DF-II

CC/415/2015

Kamaljeet Chand - Complainant(s)

Versus

HDFC bank Ltd. - Opp.Party(s)

Sh. Gaurav Bhardwaj Adv.

19 Jul 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II,

 U.T. CHANDIGARH

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Consumer Complaint  No	:	415 of 2015
Date  of  Institution	:	04.08.2015
Date   of   Decision	:	19.07.2017

 

 

 

 

Kamaljeet Chand s/o Sh.Ishwar Chand, R/o #2445, 2^nd Floor, Sector 52, Chandigarh.   

             …..Complainant

Versus

1]  HDFC Bank Ltd., Plot No.28, Industrial Area, Phase-I, Chandigarh through its Manager.

2]  Hind Motors Ltd., Plot No.9, Industrial Area, Phase-1, Chandigarh through its Manager.

                          ….. Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN        PRESIDENT

MRS.PRITI MALHOTRA    MEMBER

                                SH.RAVINDER SINGH     MEMBER 

 

Argued by: Sh.Gaurav Bhardwaj, Adv. for complainant.

 Sh.H.S.Khatpal, Adv. for OP No.1.

 Sh.Ranjan Lohan, Adv. for OP No.2

  

 

PER RAVINDER SINGH, MEMBER

 

 

          The facts in issue are that a friend of the complainant purchased one motor cycle on 8.11.2007 from OP No.2 and it was got financed through OP No.1.  However, the OP No.1, as alleged, approached the complainant to take the loan on same vehicle as the loan of complainant’s friend namely Sanjay Kumar was not approved. It is averred that the complainant completed all formalities and the loan of Rs.31,203/- was disbursed to him vide loan Account NO.12861807 (Ann.C-1).  It is also averred that the complainant approached OP No.1 for providing the documents, so that the vehicle be registered, but he was shocked to observe that wrong engine number and chassis number was mentioned in records and the vehicle could not be got registered due to that (Ann.C-2 colly.).  It is further averred that the complainant has re-paid the entire loan except last two installments and he approached OP No.1 to rectify the mistake committed by them, but they did nothing.  It is stated that the Motorcycle in possession of the complainant is having Engine No.20614 and Chassis No.10975, but OP No.1 has entered Engine number bpf 0491 and chassis No.cf 96134.  It is also stated that the complainant was also shocked to know that the invoice and receipts provided by OP No.1 are totally different from the one in his possession and the engine number and chassis number are totally different.   It is further stated that the complainant is in possession of a motorcycle and retain invoice and form 22 of a totally different vehicle and he could not get the same registered in his name due to the acts & omissions on the part of the OPs.  It is also stated that there seems to be some collusion between the OPs No.1 & 2 as they asked the complainant to get loan in his name for the vehicle purchased by his friend and then gave loan for a totally different motorcycle, the whereabouts or existence of which is not known to the complainant. A legal notice was also sent to the Opposite Parties, but to no avail.  It is submitted that the OP No.2 has not issued Form 21 and Form 22 for the motorcycle alleged to have been financed by OP No.1.  It is also submitted that due to non-availability of Form 21 & Form 22 in the name of the complainant for the motorcycle in his possession, the same has not been registered till date. 

 

2]       The Opposite Party No.1 has filed reply and took objection that the complaint is time barred as the last installment of the loan was paid by the complainant on 24.2.2010 and the term of the loan was from 5.4.2008 to 5.3.2010 and that the complaint has been filed after 5 years & 6 months after the last payment.  It is stated that it was the complainant to whom the motorcycle was financed and not to his friend, as alleged. It is also stated that the complainant did not stick to the payment schedule (Ann.R-1 colly.) and out of 24 installments to be paid by the complainant, only 4 installments were cleared through bank and 20 times the installments of the complainant were dishonoured.  The complainant paid 18 installments in cash but without any cheque bouncing charges and late payment charges, as per loan agreement and two installments are still pending, therefore, Rs.18,326/- is still due and payable by the complainant (Ann.R-2).  It is stated that the documents as Form No.21 and Form No.22 for registration of the vehicle were to be supplied by OP No.2 and not by OP No.1 and the engine & chassis number mentioned in the records is as per invoice (Ann.R-3).  It is also stated that OP No.1 has merely financed the vehicle in question, supplying rest of the documents were responsibility of OP No.2.  Pleading no deficiency in service and denying rest of the allegations, the OP No.1 has prayed for dismissal of the complaint.

         The Opposite Party NO.2 has also filed reply and took objection that the complaint is time barred as the vehicle in question was purchased on 8.11.2007 and it has to be got registered within 30 days from the date of purchase, whereas the present complaint has been filed on 4.8.2015 i.e. after 8 years delay.  It is submitted that as per record, one Sanjay Kumar of District Ropar purchased one motor cycle from OP No.2 vide invoice dated 8.11.2007 (Ann.C-2), issued at the time of sale of the moto cycle.  It is also submitted that there is no privity of contract between the complainant and OP No.2.  It is further submitted that despite the application of OP No.2, the complainant did not produce the original documents and instead filed evasive reply.  Denying rest of the allegations, the Opposite Party NO.2 has prayed for dismissal of the complaint.

 

3]       Parties led evidence in support of their contentions.

 

4]        We have heard the ld.Counsel for the parties and have carefully examined the facts and pleadings along with entire evidence on record.

 

5]       Kamaljeet Chand, the complainant has purchased Motorcycle Discover 135 CC, Engine No.JNGBPF0491, Chassis No.MD2DSJWZZPCF96134 vide Invoice dated 15.3.2008 (Annexure R-3) for Rs.44,575/-.  He got his Motorcycle financed from HDFC Bank for an amount of Rs.31,203/- vide Loan Account No.12861807.  He executed the loan agreement on 4.3.2008 (Ann.R-1 Page/18).  The loan amount was payable by 5.3.2010.  However, the part of the amount is still due against him.  The HDFC Bank during the hearing of this complaint before this Forum has agreed to issue No Due Certificate to the complainant on receipt of all outstanding dues/amount against him, which appears to be reasonable and cannot be termed, in any way, to be an unfair trade practice.

 

6]       On careful examination of all document/evidence available on record, it transpires that Sanjay Kumar, who is resident of Sri Anandpur Sahib, Ropar (Punjab), who purchased Motorcycle 135 Discover KS vide Invoice dated 08.11.2007 Sale Certificate Page/15, for Rs.44,575/-, is altogether a different person, who has nothing to do with the motorcycle, which is purchased by the complainant.  Sanjay Kumar has purchased Motorcycle bearing Engine No.JN6BPF20614, Chassis No.MD2DSJNZZPCF10975, whereas the complainant Kamaljeet Chand has purchased the Motorcycle bearing Engine No.JNGBPF0491, Chassis No.MD2DSJWZZPCF96134 vide Invoice dated 15.3.2008. Moreover, the complainant has not impleaded the said Sanjay Kumar as party to the present complaint nor his affidavit has been placed on record to prove any fact otherwise.

 

7]       The complainant admittedly after the purchase of the motorcycle in question has not got it registered with the Transport Registration Authorities so far though legally bound to do so under the law.  No vehicle on road can be plied without its being registered with Transport Registration Authorities. 

 

8]       The contentions raised by the complainant in the present complaint are mischievous and bereft of any merit.  Therefore, the present complaint is hereby dismissed.  No order as to costs.

         The copy of this order be forwarded to the parties and file be consigned to record room.

Announced

19^th July, 2017           

                                           Sd/-

                                                                            (RAJAN DEWAN)

PRESIDENT

                    

                                                                                                Sd/-                                                                            (PRITI MALHOTRA)

                                                                                      MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER