PER:

Charanjit Singh, President

1        The complainant has filed the present complaint by invoking the provisions of Consumer Protection Act under Section 12 and 13 against the opposite parties on the allegations that the complainant is serving in the Army and presently posted in Jammu and Kashmir.  The complainant has purchased car Maruti DZIRE Diesel VDI LMV CAR in the month of February 2016 through opposite party Bank by raising loan amount. The said Maruti Swift Dzire Diesel LMV car bearing No. PB46-U-9334 was purchased in the month January 2016 on installments and the complainant has paid full and final installment on 18.12.2019 and said car cumbrance from the bank loan and nothing remain toward the complainant. The said installment was cut from the salary of the complainant.  At the time of advance of loan amount against Car loan an amount of Rs. 1,41,339/- was also given by the complainant as initial money down payment and Loan of Rs. 6,45,000/- as mentioned as agreement amount was given and first insurance premium was also given Rs. 15,000/- and was adjusted in loan account by debiting this amount in loan account. An separate amount of Rs. 15000/- was also charged by the Bank as insurance advance premium of the vehicle for the three years i.e. Rs. 5000/- +5000/- + Rs. 5000/- Rs. 15,000/- each year from 2017-2018-2019 amounting to Rs. 15,000/- which was also mentioned in the cover note of the account statement issued by the Bank and this fact was never told to the complainant by the bank. The Bank never told the complainant that the Vehicle has been insured by the Bank in future and also not told that they will pay the installment of insurance onward. An amount of Rs. 5,000/- each is not shown in the account statement as it was advance insurance premium. But Bank failed to credit the amount of Rs. 9704, which was deducted by the Bank on 5.2.2017 + Rs. 5000/- which already taken advance by bank and total amount of Rs. 14,704 be given to the complainant along with interest from the date of said amount deducted. The complainant has insured the above said car from the insurance company namely Oriental Insurance Company Limited in the years 2017, 2018, and 2019 and the premium of the insurance policy was paid by the complainant and the opposite party bank have knowledge that the said premium was paid by the complainant.  The opposite party bank has not intimated the complainant that he insured the vehicle i.e. Maruti car Dzire Diesel LMV car bearing No. PB46-U-9334. On the other hand, the complainant himself insured the said vehicle by paying the amount but the opposite party has wrongly deducted an amount of Rs. 9704 + 5000 on 5.2.2017 and Rs. 10,492 + 5000/- in the year 2018 and Rs. 11599/- + 5000/- on 5.2.2019 including advance premium of the vehicle without any insured the said vehicle Rs. 9704+ 5000/- on 5.2.2017, Rs. 10492+5000 in the year 2018, Rs. 11599 +5000/- including premium and advance premium. Beside this, the opposite party also deducted an amount of Rs. 16599/- on 5.2.2019 and this fact was not told to the complainant about the said insurance and on the other hand the complainant himself insured the said vehicle and paid the premium and the cover note also in his possession. But the opposite party has wrongly deducted the amount from the account of the complainant and the said amount was not deposited in the account of the complainant. The complainant met the opposite party again and again that the said amount be deposited in his account and gave the account statement but the opposite party has not provided the full account statement of the complainant and incomplete statement provided. The complainant also issued a legal notice dated 23.9.2019. The opposite party bank also replied the said notice and mentioned in the said reply that the notice of the complainant is vague, false, frivolous, illegal, invalid and wrongly mentioned that the complainant has concealed the material facts. On the other hand, the opposite party has admitted in the reply of the notice dated 11.10.2019 that the opposite party has already reimbursed a sum of Rs. 10942 + 5000 = 15942/- on 5.3.2018 and Rs. 11,599+ 5000/= 16599/- on 26.9.2019 as per bank statement. This amount was reimbursed along with Rs. 5000/- each which was charged as advance insurance money but the respondent has not deposited the said amount as yet in account of the complainant as the respondent has not provided the account statement for the period September 2019 or on the other hand that the opposite party is threatening that he would cut the amount from his salary and the account was not cleared and also not gave the clearance certificate to the complainant. But the opposite party Bank has not reimbursed the deducted insurance premium for the year 2017 deducted on 5.2.2017 of Rs. 9704+ 5000/- i.e. Rs. 14,704 and still the opposite party has not paid by the bank/ opposite party to the complainant. The opposite party never intimated the complainant that vehicle has been insured by the said Bank i.e. Indusind Bank. On the other hand the complainant himself insured the vehicle by paying the amount and opposite party has deducted an amount of Rs. 9704 +5000 14,704/- on 05-02- 2017 without any insured the said vehicle and this fact also admitted in the reply of the notice dated 11.10.2019. Beside this the opposite party also deducted an amount of Rs. 16,599/- on 5.2.2019 and also not told the complainant about the said insurance and on the other hand complainant himself insured the vehicle and the cover note also in his possession. The opposite party has wrongly deducted the amount of Rs. 47247/- for the year 2017 to 2019 in the account of complainant. The complainant met the opposite party but the opposite party did not care about the genuine requests of the complainant and finally since a week ago has finally refused to deposit the said amount in his account. The complainant has prayed that the opposite party be summoned and punished according to law and also directed the opposite party to deposit the said amount of Rs. 9704+5000=Rs.14704 of 2017 the premium wrongly deducted in his account and also directed the opposite party to give clearance certificate and the opposite party may also be directed to make the payment of Rs. 20,000/- as compensation for the harassment of the complainant by the opposite party. Alongwith the complaint, the complainant has placed on record his affidavit Ex. CW1/A copy of Registration bearing No. PB46-U-9334 Swift Dezire Ex. C-1, Detail of loan installments premium Rs. 15,000/- for the year 2017,  2018 and 2019 Ex. C-2, Legal notice dated 23.9.2019 Ex. C-3,. Receipt of notice dated 24.9.2019 Ex. C-4, Copy of reply of the notice dated 11.10.2019 Ex. C-5, Adhar Card of Bikramjit Singh complainant Ex. C-6, Account statement issued by complainant Bank from 18.1.2016 to 18.8.2019 Ex. C-7, Insurance cover 2017 to 2019 Ex. C-8 to Ex. C-18.

2        After formal admission of the complaint, notice was issued to Opposite Party. Opposite Party appeared through counsel and filed written version contesting the complaint by interalia pleadings that The present complaint is just an abuse on the process of law as the same is just file in order to exert pressure on the opposite parties. The complainant is estopped from filing the present complaint by his own acts and conducts as he has not come to this Commission with clean hands & is guilty of suppressing the material facts from this Commission. The present complaint is devoid of any cause of action. The complainant is not a consumer as per the definition given under The Consumer Protection Act as such the present complaint may be dismissed with exemplary costs.  All the transactions of the loan account is as per the rules and regulations set forth by the RBI and as per the terms and conditions of the loan agreement. It is of worth to mention here that an amount of Rs.22,470.82/- is still due against the complainant. Each and every fact about the loan and its charges were duly explained to the complainant and the complainant had duly given his consent for the same. However it is of worth to mention here that the bank has reimbursed a sum of Rs.15,942/- on 5.3.2018 and Rs.16,599/- on 26.9.2019 to the complainant and the complainant had already received the same. Due reply had been sent to the legal notice of the complainant alongwith account statement.  The opposite parties have denied the other contents of the complaint and prayed for dismissal of the same. Alongwith the written version, the opposite parties have placed on record affidavit of legal executive of opposite parties Ex. OP/A, copy of account statement of loan account of the complainant Ex. OP/B.

3        We have heard the Ld. counsel for the opposite parties and have carefully gone through the record placed on the file.

4        From the appreciation of the facts and circumstances of the case, the point involved in the present case is that the vehicle in question is financed with the opposite parties from whom the complainant has got sanctioned a loan and a hire purchase agreement was executed between complainant and opposite party. As such, the complainant is not a consumer of the opposite parties. Reliance in this connection has been placed upon Tata Motors Finance Ltd. And Anr. Vs. Vikas Nanda & Ors. 2011(2) CPC 217 of the Hon’ble Haryana State Consumer Disputes Redressal Commission wherein it has been held that as vehicle was purchased under a hire purchase agreement, complainant was not a consumer . Further reliance has been placed upon Parmeswari W/o Ramakrishnana Vs. The General Manager, V.S.T. Service Station, The Branch Manager, Tata Finance Limited and the United India Insurance Company 2010(2) CPC 164 (NC) of the Hon’ble National Commission wherein it has been held that in the case of Hire purchase agreement, the complainant does not become a consumer and therefore, the complaint is not maintainable.

5        In view of the above discussion, we do not find any merit and substance in the complaint and the same is hereby dismissed with no order as to costs. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Commission and due to COVID-19. Copies of the order be furnished to the parties as per rules. File is ordered to be consigned to the record room.

Announced in Open Commission.

13.09.2023