BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

Complaint No.363 of 2021

      Date of Instt. 22.10.2021

      Date of Decision: 21.11.2023

Surinder Singh aged about 60 years S/o Kartar Singh R/o Village Chuharwali, Tehsil and District Jalandhar.

..........Complainant

Versus

Hinduja Layland Finance Ltd. Office No.25, Second Floor, City Square Building, Near Kesar Petrol Pump, EH-197, Civil Lines, Jalandhar-144001 through its Managing Director.

….….. Opposite Party

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Sh. Jaswant Singh Dhillon       (Member)                                

Present:       None for the Complainant.

                   OP exparte.

Order

Dr. Harveen Bhardwaj (President)

1.                The instant complaint has been filed by the complainant, wherein it is alleged that the complainant purchase two trucks from the OP i.e. Hinduja Layland Finance Ltd. through Khullar Trading Company, Hoshiarpur Road, near Baba Balak Nath Mandir Dasuya bearing No.PB07-AF -9497 and PB07-AS-9397. The complainant is Attorney of Khullar trading company, Hoshiarpur Road, Near Baba Balak Nath Mandir Dasuya and is fully competent to file the present complaint and can depose on behalf of the company. Both the trucks were got financed by Hinduja Layland Finance Ltd. i.e. OP and the complainant is regularly paying the installments on time. The installment for the loan of PJJLHP-45 has been entered in the ledger on dated 26.07.2019 but on the other hand installment paid on 26.07.2019 for PJJLHP-43 amounting to Rs.71,000/-has neither entered in the statement of account of the complainant nor in the ledger and similarly amount paid on 18.12.2019 for HP-45 and HP-43 amounting to Rs.1,42,000/- has not been entered in the ledger as well as statement of account. But the representative has issued the receipt. Thus, a sum of Rs.2,13,000/- has not been entered in the ledger of vehicle as well as in the statement of account of the complainant. The complainant was astonished to know that installment paid on 26.07.2019 for Rs.71,000/- and installment paid on 18.12.2019 of Rs.1,42,000/- has not been entered in the account books of mite OP. The complainant approached Sh. Rakesh Patiyal at Hoshiarpur, even now the complainant has approached Mr. Chandan Sharma at Hoshiarpur but he could not satisfy the complainant. The complainant approached the OP, but all in vain, as the staff has stated that there is no such entry on dated 26.07.2019 and 18.12.2019 on the file No.43 and 45. From the record it appears that the representative of OP has mis-utilize the funds for his own purpose and has not credited the funds in the company, for which the complainant is not responsible. The legal notice was issued on 25.08.2020 and 31.03.2021 to the OP, but no fruit reply has been received by the complainant till now. Even the complainant has visited the office of OP many a times but no suitable reply was made by the OP and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to refund Rs.2,13,000/- including interest @ 18% per annum from the date of deposit till the date of refund. Further, OP be directed to pay a compensation to the complainant, to the tune of Rs.50,000/- for causing mental tension and harassment to the complainant and Rs.10,000/- as litigation expenses.

2.                Notice of the complaint was given to the OP, but despite service none has appeared on behalf of the OP and ultimately OP was proceeded against exparte.

3.                In order to prove his respective version, the counsel for the complainant has produced on the file his respective evidence.

 4.               None has appeared on behalf of the complainant since last so many dates to argue his exparte case and OP was already proceeded against exparte.

5.                We have gone through the case file as well as documents produced on record by the complainant very minutely.

6.                The complainant has alleged that he has purchased two trucks from the OP through Khullar Trading Company, Hoshiarpur Road, Dasuya. Both the trucks were got financed by Hinduja Layland Finance Ltd. i.e. OP and the complainant is regularly paying the installments on time. The complainant has alleged himself to be the attorney of Khullar Trading Company. The complainant has further alleged that he has paid the installments for Rs.71,000/- on 26.07.2019 and Rs.1,42,000/- on 18.12.2019 for the loan of PJJLHP-45, but this amount has not been entered by the OP in their ledger or in their statement of account. The complainant has proved on record the receipts of amount of Rs.71,000/- and Rs.1,42,000/- issued by the representative of the OP. The complainant has alleged that the OP has mis-appropriated the funds by mis-utilizing the same for their own purpose and has created the funds in the company. They have not entered this amount intentionally and the complainant has alleged the unfair trade practice and deficiency in service.

7.                The complainant has proved on record the Power of Attorney executed in his favour by Mr. Ramnik Khullar. The complainant has alleged that he is the attorney of Khullar Trading Company, but the Power of Attorney Ex.C-2, nowhere finds mentioned the fact that he has been authorized by Ramnik Khullar on behalf of the Khullar Trading Company. Even if for the sake of argument, it is assumed that he has filed the present complaint being the representative of Khullar Trading Company, even then, the complainant has not prove on record any invoice to show that the two trucks were purchased by the complainant. Though, the complainant has filed on record two statements of account Ex.C-6 and Ex.C-7, which is in the name of Khullar Trading Company, but there is no document to show that for how much amount, he has purchased these two trucks as mentioned in Ex.C-6 and Ex.C-7. No RC either in the name of Hinduja Leyland Finance Ltd. or in the name of Ramnik Singh, the alleged owner nor in the name of the complainant has been proved on record. The complainant has also not proved on record any agreement with the OP regarding the payment of the installments. The complainant has also not produced on record any copy of register or ledger on the basis of which the complainant has filed the present complaint that the amount of Rs.71,000/- and Rs.1,42,000/- has not been entered. He has proved on record the receipts only. From the receipts Ex.C-3 and Ex.C-4, it is not clear as to whether the amount paid by the complainant vide these receipts is amount of installment or any other amount, nothing is clear from the documents filed on record by the complainant. Thus, the complainant has failed to prove any deficiency in service and unfair trade practice on the part of the OP and thus, the complaint of the complainant is without merits and the same is dismissed with no order of costs. This complaint could not be decided within stipulated time frame due to rush of work.

8.                Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated                             Jaswant Singh Dhillon                    Dr. Harveen Bhardwaj     

21.11.2023                    Member                                 President