DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

BATHINDA (PUNJAB)

CC No. 312 of 14-07-2010

Decided on : 16-11-2010

Roop Singh S/o Sh. Chanchal Singh R/o Village Katorewala, Tehsil Malout, District Mukatsar.

.... Complainant

Versus

1. ICICI Bank Ltd., Near Clock Tower, Bibiwala Road, Bathinda, through its Branch Manager.

2. Magma Fincorp Limited (Formerly known as Magma Sharachi Finance Limited), 24 Park Street, Kolkata through its Managing Director.

3. Magma Fincorp Limited (Formerly known as Magma Sharachi Finance Limited), 2765-B, Opposite Tinkoni, above Amway Showroom, G.T. Road, Bathinda, through its Manager/authorised signatory/Branch head.

    

   ..... Opposite parties

Complaint under Section 12 of the Consumer Protection

Act, 1986.

 

QUORUM

Ms. Vikramjit Kaur Soni, President

Dr. Phulinder Preet, Member

Sh. Amarjeet Paul, Member

For the Complainant : Sh. Lachman Kumar, counsel for the complainant.

For the Opposite parties : Sh. Sanjay Goyal, counsel for the

opposite parties.

O R D E R

VIKRAMJIT KAUR SONI, PRESIDENT

1. The complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (here-in-after referred to as 'Act'). The complainant alleged that he has purchased one truck bearing registration No. RJ-13GA-1617 by availing loan from opposite party No. 1 vide loan account No. LVMLT00008611988. The said vehicle was/is duly hypothecated with opposite party No.1. The complainant agreed to pay the loan in 47 equal monthly installments of Rs. 32,649/- each. First installment was of Rs. 26,381/- commencing from 22-12-2006 and the last installment was of Rs. 32,649/- payable on or before 22-10-2010, as per repayment schedule issued by opposite party No.1. The terms and conditions were not supplied to the complainant by the opposite parties and it obtained signatures of the complainant on the alleged loan documents without explaining the contents to him. As per the repayment schedule, the officials of opposite party No. 1 used to collect the monthly installments from the complainant from his village against receipt. The opposite party No. 1 has collected the installment against the loan upto August, 2009 and the installment of Rs. 32,649/- was collected by the officials of the opposite party No. 1 on 24-08-2008. When on 21-9-2009, the complainant approached the officials of opposite party No. 1 for deposit of installment for the month of September, 2009, they showed their ignorance about the loan account of the complainant and refused to get the installment deposited. The complainant again approached opposite party No. 1 on 22-9-2009 and 23-9-2009 to show the earlier receipt, opposite party No. 1 conveyed the complainant that some loan accounts have been taken over by opposite party Nos. 2 & 3 and the aforesaid loan account of the complainant has been transferred to opposite party Nos. 2 & 3 and advised the complainant to deposit the subsequent installments with opposite party Nos. 2 & 3. Thereafter, the complainant started depositing the installments with opposite party No. 3 from 23-09-2009 onwards and has been regularly depositing the installments as per original repayment schedule prepared/issued by opposite party No. 1. The complainant has been paying the installments regularly. The opposite party Nos. 2 & 3 vide letter dated 30-9-2009 raised a demand of Rs. 59,030/- on account of installments due for the month of 30-9-2009 and further threatened to take the possession of the vehicle and to sale of the same. On receipt of above said letter, the complainant approached officials of opposite party No. 3 who did not disclose why the demand was raised by them. Hence, the complainant has filed this complaint to seek direction of this Forum to the opposite party to withdraw the impugned demand of Rs. 59,030/- and pay Rs. 30,000/- as compensation/damages and Rs. 5,000/- as cost and any other additional, alternative and consequential relief.

2. The opposite parties have filed their written statements and have taken legal objection that this Forum has no jurisdiction to try and decide the present complaint and as per allegation of the complainant there is dispute with regard to the settlement of accounts and only remedy available to the complainant is to file civil suit for rendition of account and as such, this Fora has no jurisdiction to try this complaint. On merits, the opposite parties have pleaded that complainant was intimated regarding taking over of his loan account by opposite party No. 2 & 3 vide different letter and this fact was within the knowledge of the complainant.

3. The parties have led evidence in support of their respective pleadings.

4. We have heard the arguments at length and have gone through the record and perused written submissions submitted by the parties.

5. The complainant took loan from opposite party No. 1 against his truck bearing registration No. RJ-13GA-1617. The complainant had to pay this loan amount in 47 Equal Monthly Installments of Rs. 32,649/- each. First installment was of Rs. 26,381/-commencing from 22-12-2006 i.e. payable on or before 22-12-2006 and the last installment was of Rs. 32,649/- payable on or before 22-12-2010 as per re-payment schedule issued by opposite party No. 1. The complainant has deposited the installments upto August, 2009 of Rs. 32,649/- each with opposite party No. 1. Loan accounts of opposite party No. 1 were taken over by opposite party Nos. 2 & 3. He started depositing the installments with opposite party Nos. 2 & 3 on 23-09-2009 and has regularly been depositing the same as per re-payment schedule prepared by opposite party No. 1. The opposite party Nos. 2 & 3 had raised demand of Rs. 59,030/- vide letter dated 30-09-2009 from the complainant and threatened to take possession of the vehicle and to sale the same. When the complainant approached opposite party Nos. 2 & 3, they refused to accede to his request and did not convey the nature of the demanded amount. The complainant has placed on file all the receipts of the installments paid by him vide Ex C-2 to Ex. C-46. A perusal of these receipts shows that complainant has deposited the last installment with opposite party No. 1 on 24-08-2009 vide Ex. C-36 starting from 22-12-2006 vide Ex. C-4. The complainant started depositing the installments with opposite party No. 3 from 23-09-2009 onwards of Rs. 32,650/- vide Ex. C-37 to Ex. C-46. The last 47^th installment was paid by him on 27-10-2010 vide receipt Annexure '2' produced before this Forum by the complainant during arguments. Further a perusal of Account Statement of Loan Account of the complainant Ex. R-47 shows that complainant has paid all the installments of his loan as per repayment schedule of opposite party No. 1 and the outstanding balance against his loan account shows Zero Balance.

6. Thus, the record produced on file clearly shows that the complainant has deposited all the installments of his loan account and nothing is due against him. If any discrepancy in the loan account of the complainant has arisen that might have arisen when the loan account of the complainant was shifted to opposite party Nos. 2 & 3 by opposite party No. 1 and the complainant is not liable to pay anything on the lapse committed by the opposite parties. Therefore, this complaint is accepted against the opposite party Nos. 2 & 3 with Rs. 5,000/- as cost and compensation and dismissed qua opposite party No. 1 and the opposite party Nos. 2 & 3 are directed to withdraw demand of Rs. 59,030/- raised on 30-09-2009 and issue No Due Certificate to the complainant as additional relief as per his prayer.

7. The compliance of this order be made jointly and severally by the opposite party Nos. 2 & 3, within 30 days from the date of receipt of copy of this order.

A copy of this order be sent to the parties concerned free of cost and the file be consigned to record.

Pronounced :

16-11-2010 (Vikramjit Kaur Soni)

President

(Dr. Phulinder Preet)

Member

(Amarjeet Paul)

Member