Complaint No: 478 of 2018.

                                                                    Date of Institution: 30.11.2018.

                                                                             Date of order: 03.10.2023.

Hardip Singh Son of Pritam Singh, resident of Village Shee Bhatti, P.O Ghoreh Wah, Tehsil and District Gurdaspur.

                                                                                                                                      …............Complainant.                                                                                                                                                                                                                                                                                                                                                                                                       

                                                        VERSUS

1.       Hinduja Leyland Finance having its office at Sahni Market, Gurdaspur Road, Near PNB Bank Pathankot – 145001, through its Branch Manager/authorized Signatory.

2.       Hinduja Leyland Finance having its office at 273/H, Ground Floor, 100 Feet Road, Amritsar – 143006, through its Branch Manager / authorized Signatory.

3.       Hinduja Leyland Finance, having its Registered Office at 1, Sardar Patel Road, Guindy, Chennai - 600032, Tamil Nadu, India, through its Authorized Signatory.

                                                                                                                                  ….Opposite parties.

                                     Complaint Under section 12 of the Consumer Protection Act.

Present: For the Complainant: Sh.U.R.Sharma, Advocate.

              For the Opposite Parties: Sh.Jatinder Singh Gill, Advocate.

Quorum: Sh.Lalit Mohan Dogra, President, Sh.Bhagwan Singh Matharu, Member.

ORDER

Lalit Mohan Dogra, President.

          Hardip Singh, Complainant (here-in-after referred to as complainant) has filed this complaint under section 12 of the Consumer Protection Act, (here-in-after referred to as 'Act') against Hinduja Leyland Finance etc. (here-in-after referred to as 'opposite parties).

2.       Briefly stated, the case of the complainant is that the complainant purchased new Ashoka Leyland 12 tyres from Authorized agency of Ashoka Leyland situated at Hoshiarpur on 31.08.2017 for the amount of Rs.24,13,945/- for earning his livelihood for himself and the family members and the complainant financed the above said Truck from the OP’s. It is submitted that the complainant has no other source of his livelihood. It is further pleaded that the complainant prepared the R.C of the Truck in question and registration No. PB-07-BG-4153 was allotted by the District Transport Officer, Hoshiarpur to the complainant. It is further pleaded that complainant spend huge amount on the above said Truck after its purchase. It is further submitted that at the time of finance the above said Truck from the OP’s, the OP’s assured the complainant that rate of interest will be charges @ 2% P.A. It is further submitted that the complainant paid 15 installments of Rs.53,761/- each of the above said Truck to the OP’s through HDFC Bank Branch Qadian and the complainant paid total amount of Rs.7,10,570/-. It is further pleaded that thereafter the OP’s started charging exorbitant rate of interest from the complainant and complainant many times requested the OP’s to settle the account with the complainant and charge interest @ Rs.2% Per Annum and exclude the amount already paid by the complainant through installments but the OP’s put the matter pending with one pretext or the other and has not settled the account with the complainant so far. It is further alleged that the complainant never defaulted in payment of installment of the loan to the OP’s, but the OP’s are now threatening to snatch the Truck in question from the complainant illegally and forcibly. It is further alleged that the act of the OP’s to not settling the account with the complainant is illegal, null and void and against the law and instruction, according to law, the OP’s are bound to settle the account with the complainant. It is further pleaded that due to this illegal act and conduct of the opposite parties the complainant has suffered great loss and also suffered mental agony, Physical harassment and inconvenience. It is further pleaded that there is a clear cut deficiency in services on the part of the opposite parties.

          On this backdrop of facts, the complainant has alleged deficiency and negligence in services and unfair trade practice on the part of the opposite parties and prayed that necessary directions may kindly be issued to the opposite parties to Settle the loan account with the complainant and charge interest @ 2% Per Annum and receive remaining loan amount through installment after excluding the amount already deposited by the complainant to the opposite parties through installments and withdraw illegal threats to snatch the Truck in question from the lawful custody of the complainant. The opposite parties may be further burdened to pay Rs.20,000/- to the complainant towards mental harassment and mental agony suffered to the clear cut deficiency in services on the part of the opposite parties, in the interest of justice.

3.       Upon notice, the opposite parties appeared through counsel and contested the complaint and filing their written reply by taking the preliminary objections that the opposite parties denied all the allegations and averments under the complaint as false, baseless and misleading in material particulars save those that are specifically admitted herein and puts the complainant to strict proof the same. It is further pleaded that complaint is not maintainable either in law or on facts, as the complainant has approached this Hon’ble Commission with soiled hands and have misled this Commission by setting up a concocted story, as such the complainant is not entitled for any relief as prayed for. It is further pleaded that complaint is abuse of the process of law as complainant has misused the provisions of law by filing such a false complaint. It is further pleaded that the complainant is legally bound to pay compensatory costs to the answering opposite parties, for unnecessarily dragging the opposite parties into an unwanted litigation under section 35-A CPC. It is further pleaded that the complaint has not been stamped properly as per the provisions of the Consumer Protection Act proportionate to the claim made under the complaint and that the office of the opposite parties is situated at Pathankot, hence this Hon’ble  Commission has no jurisdiction to entertain, try and decide the present complaint. It is pleaded that the rate of interest is charged as per agreement written between the parties and after admitting the same the complainant signed the agreement. It is further pleaded that the complainant paid total Rs.7,10,570/- to the opposite parties. It is further pleaded that infact the opposite parties financed the vehicle in question on 31.08.2017 to the tune of Rs.25,49,727/- based on representation of the complainant that he has sufficient experience in the field of transportation and has been owing vehicles and also earns substantial amounts in his transportation business. It is further pleaded that it was to be repaid in equal 59 monthly installments and total amount payable by the complainant is Rs.31,71,924/- and the monthly installment payable by him was Rs.53,800/- per month. It is further pleaded that the first installment commenced on 31.08.2017 and the repayment schedule would end on 21.08.2022. It is further pleaded that as the complainant has only paid Rs.7,10,570/- to the opposite parties and Rs.25,49,727/- is pending towards the complainant alongwith interest and complainant paid his last installment on 15.11.2018 and after that no installment was paid by the complainant. It is further pleaded that on repeated demand by the opposite parties and Rs.25,49,727/- is still due towards the complainant.  It is further pleaded that as per terms and conditions of agreement signed between the parties it was settled that in case the complainant failed to repay the installments to the opposite parties, the opposite parties shall have right to took the possession of the hypothecated vehicle.

          On merits, the opposite parties have reiterated their stand as taken in legal objections and denied all the averments of the complaint and there is no deficiency in services on the part of the opposite parties. In the end, the opposite parties prayed for dismissal of complaint with costs.

4.       Learned counsel for the complainant has tendered into evidence affidavit of Hardip Singh, (Complainant) as Ex.CW-1 alongwith other documents as Ex.C-1 to Ex.C-2.

5.       Learned counsel for the opposite parties has tendered into evidence affidavit of Sh. Deepak Sharma, (Location Manager, Hinduja Leyland Finance, Jalandhar) as Ex.OP-1/A alongwith other documents as Ex.OP-1 to Ex.OP-3.

6.       Rejoinder not filed by the complainant.

7.       Written arguments not filed by both the parties.                                           

8.       Counsel for the complainant has argued that complainant had purchased a truck which was got financed from the opposite parties and the loan amount was repayable by way of installments and agreed rate of interest was 2% P.A. It is further argued that complainant had paid 15 installments of Rs.53,761/- and in this manner had paid total amount of Rs.7,10,570/- to the opposite parties. It is further argued that opposite parties be directed to charge interest @ 2% P.A. and failure to charge said interest @ 2% P.A. and threat to snatch the truck amounts to deficiency in service on the part of the opposite parties.

9.       On the other hand counsel for the opposite parties has argued that rate of interest was never 2% P.A. rather as per loan agreement Ex.OP-3 the rate of interest was 6.28% and the said loan agreement is duly signed by the complainant and guarantor. It is further argued that last loan installment was paid by the complainant on 15.11.2018 and thereafter complainant did not pay any installment and filed the present complaint on false and vexatious facts and there is no deficiency in service on the part of the opposite parties.

10.     We have heard the Ld. counsels for the parties and gone through the record. It is admitted fact that complainant is owner of truck No.PB-07BG-4153 and the said truck was got financed from the opposite parties and total loan amount was repayable through monthly installment of Rs.53,761/-. It is further admitted fact that complainant deposited 15 installments of Rs.53,761/- and in this manner has paid Rs.7,10,570/- to the opposite parties. The only dispute is regarding rate of interest. To prove his case complainant has placed on record copy of R.C. Ex.C1 and copy of statement of account Ex.C2 whereas opposite parties have placed on record copy of loan agreement Ex.OP3. Perusal of loan agreement Ex.OP3 shows that total loan amount is repayable through 69 monthly installments for a period of 5 years and rate of interest is 6.28% per year. The said loan agreement is duly signed by the complainant and guarantor and complainant has nowhere disputed the said loan agreement and as such we are of the view that complainant is liable to return the loan amount as per terms and conditions mentioned in loan agreement Ex.OP3.

11.     Accordingly, present complaint is disposed off with the directions to the opposite parties to settle the loan account of the complainant as per terms and conditions of loan agreement Ex.OP3. No order as to costs.  

12.     The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.

13.     Copy of the order be communicated to the parties free of charges. File be consigned.                                                                                                                                                               

            (Lalit Mohan Dogra)

                                                                                      President.  

Announced:                                                   (B.S.Matharu)

Oct. 03, 2023                                                        Member.

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