Haryana

Yamunanagar

EA/21/2014

Mehtab Ali w/o Sh.Saleem Khan, - Complainant(s)

Versus

Kotak Mahindra Bank Limited - Opp.Party(s)

V.S.Sheoran

13 Mar 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

                                                                                                 Execution No…....21  of 2014

                                                                                                 Date of institution:…3.2.2014.

                                                                                                 Date of order: 13.3.2015

Mehtab Ali son of Saleem Khan resident of V.P.O. Amadalpur, Tehsil Jagadhri, Distt. Yamuna Nagar.  

                                                                                                        …Complainant/applicant.

                                    Versus

1. Kotak Mahindra Bank Limited, Kotak Infinity Building No.21, Infinity IT Park, Malad (East) Mumbai-400007, through its General Manager. 
2. Kotak Mahindra Bank Ltd. SCO 153-155, IInd Floor, Sector 9-C, Madhya Marg, Chandigarh through its Branch Manager.     

 

                                                                                             …Opposite parties/respondents.

                        Application under section 25 & 27of

                        the Consumer Protection Act.

 

CORAM:          SH. A.K.SARDANA PRESIDENT,

                        SH. S.C.SHARMA, MEMBER.

 

Present: Sh. Vikram Singh Sheoran, Advocate, counsel for complainant.   

              Sh. K.K.Gupta, Advocate, counsel for OPs.

 

ORDER

 

                        The complainant/applicant has filed the present application under section 25 & 27 of the Consumer Protection Act in this Forum whereby he has prayed for issuing a direction to respondents to release the vehicle in question after accepting the installment of Rs. 30,000/- and contemplating suitable action under section 27 of the Consumer Protection Act for non compliance of order dated 15.1.2014 passed by this forum as in compliance of order dated 15.1.2014, the complainant got the vehicle in question insured for the period  20.1.2014 to 19.1.2015 and prepared a cheque of Rs. 30,000/- on dated 22.1.2014 drawn on Bank of Maharashtra in the name of OPs but they have refused to accept the said cheque as it was ordered by this Hon’ble Forum that the vehicle bearing No. HR-58A/1119 should be released, so that it may not be converted into salvage if it is withheld by the respondents for future.

2.                     Upon notice, counsel for the OPs/respondents appeared and filed reply of application under section 25 & 27 of the Consumer Protection Act on behalf of respondents wherein it has been urged that the complainant neither came to take the vehicle in question nor he paid Rs. 30,000/- as per orders dated 15.1.2014 passed by this Forum, even though the OPs had issued release order of said vehicle on 7.2.2014 when the complainant came to them whereas the amount of Rs. 30,000/- was paid by the complainant on 2.5.2014 in compliance of this Forum’s order dated 15.1.2014. Prior to 7.2.2014, the complainant/applicant neither approached the OP nor he paid the abovesaid amount prior to 2.5.2014 and as such the complainant is at fault. It has been further urged that the complainant is further defaulter in paying installments of the vehicle as per orders dated 15.1.2014 and as per terms and conditions of the agreement. Moreover, in the Arbitration Proceedings, initiated against complainant under Arbitration & Concilliation Act, order dated 5.4.2014 ( Annexure R-2) has been passed by the Arbitrator for taking possession of the said vehicle and in view of the said order, the OPs have taken possession of the said vehicle and thus application in hand may kindly be dismissed.

3.                     We have heard the learned counsel for both the parties and have gone through the contents of application & reply as well as documents placed on the file. From photocopy of cheque dated 22.1.2014 amounting to Rs. 30,000/- annexed with the application by the complainant,  it appears that the complainant has issued the same amounting to Rs. 30,000/- in favour of respondents but it is not proved that the complainant presented the same to the OPs/respondents for encashment whereas on the other hand, from the perusal of document Annexure R-1 i.e. statement of Account regarding repayment of loan by complainant, it is proved that complainant has paid a sum of Rs. 31,000/- on 2.5.2014 under the sub head ‘other receivables’. So, in these circumstances, the complainant himself has not complied with the order dated 15.1.2014 of this Forum within the stipulated period what to talk of OPs/respondents. Hence, in view of the facts narrated above, we are of the considered view that the present application under section 25 & 27 is not maintainable and thus the same is hereby dismissed with no order as to costs. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced: 13.3.2015

                                                                                          (A.K.SARDANA)

                                                                                           PRESIDENT

 

                                                                                          (S.C.SHARMA)

                                                                                           MEMBER