Haryana

Karnal

CC/711/2019

Vinod Rana - Complainant(s)

Versus

India Infoline Finance Limited - Opp.Party(s)

Sindharth Parkash

24 Aug 2022

ORDER

      BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                       Complaint No. 711 of 2019

                                                        Date of instt.17.10.2019

                                                        Date of Decision:24.08.2022

 

Vinod Rana aged about 33 years son of Shri Dharampal Rana, resident of house no.188, Moti Nagar, Karnal.

                                               …….Complainant.

                                              Versus

 

1.     India Infoline Finance Ltd. now Merge in Indo Star Capital Finance Ltd. # SCO 338, Mugal Canal, Karnal-132001.

2.     India Infoline Finance Ltd., now merge in Indo Star Capital Finance Ltd., # one Indiabulls Centre, 20^th floor, Jupiter Mills Compound, Senapati Bapat Marg, Mumbai-400013.

3.     India Infoline Finance Ltd. Now Merge in Indo Star Capital Finance Ltd., # 12A-10, 13^th floor, Forinee Crescen 30, C-38 & 39, G Block Bandra Kurla Complex, Bandra (East) Mumbai-400051.

4.     Collection Manager Indo Star, Anand Plaza, 1^st floor, Chota Ram Chowk, Rohtak.

                                                                      …..Opposite Parties.

 

Complaint Under Section 12 of the Consumer Protection Act, 1986 and after amendment Under Section 35 of Consumer Protection Act, 2019.

 

Before   Shri Jaswant Singh……President.

              Shri Vineet Kaushik……Member

      Dr. Rekha Chaudhary…….Member

                   

 Argued by: Shri Sidharth Parkash, counsel for complainant.

                   Opposite parties exparte( vide order Dt.21.04.2022)

 

                    (Jaswant Singh President)

 

ORDER:   

                

                 The complainant has filed the present complaint Under Section 12 of the Consumer Protection Act, 1986 as after amendment under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that complainant had purchased a Old Vehicle LPT/2515/LPT2518 BS-III bearing registration no.HR-66B-0674 from OPs by way of open auction  for a total consideration of Rs.7,85,000/-. On receipt of said amount, OPs had sent a letter dated 01.10.2018 to M/s Jarshed Parking Yard, Alwar Rajasthan with a direction to release the aforesaid vehicle in favour of complainant as the aforesaid vehicle parked there after recovered from the defaulter borrower of the company of the OPs. On the basis of letter dated 01.10.2018 the complainant has taken the possession of the aforesaid vehicle from said M/s Jarshed Parking Yard, Alwar Rajasthan. After taking possession, complainant started plying the aforesaid vehicle on road for fulfilling his livelihood. But it is very strange and it was very surprised for the complainant that he came to know that the Registered Owner of the aforesaid vehicle has lodged an FIR no.0554 dated 14.10.2018 under section 379 of IPC, Police Station Dharuhera, District Rewari.  After coming to know about the registration of said FIR, complainant visited the office of OPs and asked about the reason of lodging the FIR, the OP said the complainant they would got transfer the aforesaid vehicle in the name of complainant accordingly OPs sent a letter dated 12.11.2018 to Concern Officer, Regional Transport Officer, Mahendergarh, Haryana, vide which OPs have requested for transfer of said vehicle in the name of complainant. OPs have also sent a representation to Superintendent of Police, Rewari and to SHO/Investigating Officer Police Station Dharuhera, District Rewari in respect of aforesaid criminal case, vide which OPs requested for quashing or set aside the complaint/FIR by explaining all the genuine facts. Even after moving such representation, the concerned police starting harassing, humiliating and torturing the complainant and also started searching the vehicle for recovering the same in the aforesaid criminal case and further under the circumstances, the complainant also started feeling apprehension for his arrest in the aforesaid false case. It is further averred that in order to protect his rights and for restraining the police from his arrest, complainant had moved a Criminal Misc. Petition bearing no.CRM-M-14873 of 2019 before the Hon’ble Punjab and Haryana High Court, Chandigarh, which is still pending there.  After purchasing the vehicle in question the complainant has suffered a lot of mental pain, harassment, humiliation and mental stress due to wrongful acts and conducts of the OPs, who has auction the vehicle in question without settling the accounts with the previous owner. In his way there is deficiency in service on the part of the OPs. Hence, the OPs are liable to reimburse the financial loss of the complainant to the tune of Rs.10,00,000/- due to non-plying the vehicle, defending criminal proceedings as well as counsel fee for filing petition before Hon’ble Punjab and Haryana, High Court, Chandigarh. Further, the OPs are also liable to pay compensation amount on account of mental pain, harassment, humiliation and mental stress.

2.             On notice, OPs appeared and filed its written version  raising preliminary objections with regard to maintainability and cause of action. On merits, it is pleaded that India Infoline Finance Limited (IIFL) is a reputed company in the field of non-banking finance and a service provider in the field of finance facility to various customers. It is pleaded that complainant had purchased an old vehicle LPT/2515/LPT2518 BS III, bearing registration no.HR-66B-0674 from the OPs by way of open Auction for a total consideration of Rs.7,85,000/-, which has been duly received by the company of the OPs. The said vehicle was parked in M/s Jarshed Parking Yard, Alwar Rajasthan after getting it recovered from the defaulter borrower of the OPs because the defaulter was not paying the monthly installments on time as per the loan agreement. It is further pleaded that after receipt of sale consideration from the complainant, the OPs had sent a letter dated 01.10.2018 to M/s Jarshed Parking Yard, Alwar Rajasthan with the Direction to release the aforesaid vehicle in favour of the complainant. The complainant took the physical possession of the abovesaid vehicle according to due process of law. It is further pleaded that the abovesaid vehicle was recovered from the defaulter borrower of the OPs in the legal way as per the loan agreement signed by the parties. OPs have complied with all the process of recovery of the vehicle and lawfully sold out the vehicle to the complainant. It is further pleaded that OPs have sent the Legal Recovery Notice to the defaulter namely Joginder Singh, dated 08.09.2017. The defaulter borrower has lodged a false FIR no.0554 dated 14.10.2018 under section 379 of IPC at Police Station Dharuhera, District Rewari regarding theft of the said vehicle whereas the vehicle was not stolen, it was recovered by the OPs as per law. It is further pleaded that complainant approached the OPs regarding lodging of the FIR and officials of the OPs had assured the complainant that the sale of the abovesaid vehicle is in accordance with the terms and conditions of the loan agreement signed by the defaulter borrower and with due process of law. The OPs have provided letter dated 12.11.2018 in which OPs have requested the concerned officer, Regional Transport Officer, Mahendergarh, Haryana, for transfer of abovesaid vehicle in the name of complainant. OPs had also sent a representation to Superintendent of Police, Rewari and to SHO/Investigating Officer Police Station Dharuhera in respect of abovesaid criminal case by which OPs had requested for quashing or set aside the FIR by explaining all the facts. It is denied the fact that the police was going to recover the abovesaid vehicle illegally from the complainant. The complainant is trying to pressurize and defame the OPs so that he can return the vehicle in question and get his refund amount which is not legally valid. It is further pleaded that if the Criminal Misc. Petition bearing no.CRM-M-14873 of 2019 is already been filed by the complainant before the Hon’ble Punjab and Haryana High Court, Chandigarh then why the complainant is again wasting the previous time of this Commission. There is no deficiency in service on the part of the OPs. The other allegations made in the complaint have been denied by the OPs and prayed for dismissal of the complaint.

3.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A, copy of cheque Ex.C1, copy of RTGS receipt Ex.C2, copy of loan recall letter Ex.C3, copy of loan agreement Ex.C4 and Ex.C5, copy of parking receipt Ex.C6, copy of vehicle release letter Ex.C7 and Ex.C10, copy of vehicle transfer letter Ex.C8, copy of letter to S.P. by OPs Ex.C9, copy of FIR Ex.C11, copy of High Court case status Ex.C12 and Ex.C13, copy of Aadhar card of complainant Ex.C14 and closed the evidence on 02.11.2020 by suffering separate statement.

4.             It is pertinent to mention here that OPs failed to conclude its evidence after availing several opportunities including six last opportunities. On 21.04.2022 none has put into appearance on behalf of OPs and proceeded against exparte by the order of this Commission.

5.             We have heard the learned counsel for the complainant and have gone through the record available on the file carefully.

6.             Learned counsel for the complainant, while reiterating the contents of complainant, has vehemently argued that complainant had purchased a old vehicle from OPs by way of open auction for a total consideration of Rs.7,85,000/-. On receipt of said amount, OPs had sent a letter dated 01.10.2018 to M/s Jarshed Parking Yard, Alwar Rajasthan with a direction to release the aforesaid vehicle in favour of complainant as the aforesaid vehicle parked there after recovered from the defaulter borrower of the company of the OPs. On the basis of said letter the complainant has taken the possession of the aforesaid vehicle. He further argued that the complainant came to know that the Registered Owner of the aforesaid vehicle has lodged an FIR regarding the theft of the vehicle in question in Police Station Dharuhera, District Rewari.  After coming to know about the said FIR, complainant visited the office of OPs and asked about the reason of lodging the FIR, the OP said the complainant they would got transfer the aforesaid vehicle in the name of complainant accordingly OPs sent a letter dated 12.11.2018 to Concern Officer, Regional Transport Officer, Mahendergarh, Haryana, vide which OPs have requested for transfer of said vehicle in the name of complainant. OPs have also sent a representation to Superintendent of Police, Rewari and to SHO/Investigating Officer Police Station Dharuhera, District Rewari in respect of aforesaid criminal case, vide which OPs requested for quashing or set aside the complaint/FIR by explaining all the genuine facts. He further argued that complainant had moved a Criminal Misc. Petition bearing no.CRM-M-14873 of 2019 before the Hon’ble Punjab and Haryana High Court, Chandigarh, which is still pending there and prayed for allowing the complaint.

7.             Admittedly, the complainant had purchased the vehicle in question by way of auction for a total consideration of Rs.7,85,000/-. It is also admitted that after receipt of sale consideration, the vehicle in question released in favour of the complainant and complainant took the physical possession of the aforesaid vehicle according to due process of law.

8.             The vehicle in question was recovered from the defaulter by the OPs as per loan agreement executed between the OPs and previous owner namely Joginder Singh. The defaulter borrower has lodged an FIR no.0554 dated 14.10.2018 under section 379 IPC at Police Station Dharuhera, District Rewari regarding the theft of the said vehicle. As per the versions of the OPs the said vehicle was not stolen, it was recovered by the OPs as per law. Complainant approached the OPs regarding closing the said FIR and OPs had sent a representation to Superintendent of Police, Rewari and SHO/Investigating Officer Police Station Dharuhera in respect of abovesaid FIR by which OPs had requested for quashing the said FIR.

9.             Neither the complainant has been arrested in this case nor  the vehicle in question has been taken in possession by the police on the basis of said FIR.  Complainant has already filed Criminal Misc. Petition bearing no.CRM-M-14873 of 2019 before the Hon’ble Punjab and Haryana High Court, Chandigarh. Furthermore, complainant has failed to place on file the fate of the said FIR. Complainant also failed to implead said Joginder Singh as a party who has lodged the said FIR. Moreover, infact the said FIR has been lodged against the unknown person not against the complainant. Hence, at this stage complainant has not been harassed by the OPs and there is no deficiency in service and unfair trade practice on the part of the OPs.

10.           Thus, as a sequel to abovesaid discussion, the present complaint is devoid of any merits and same deserves to be dismissed and same is hereby dismissed. No order as to costs. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated: 24.08.2022

 

                                                                President,

                                                     District Consumer Disputes

                                                     Redressal Commission, Karnal.

 

 

                  (Vineet Kaushik)     (Dr. Rekha Chaudhary) 

                      Member                       Member