Haryana

Kurukshetra

208/2017

Mihan Singh - Complainant(s)

Versus

Kotak Mahindra - Opp.Party(s)

Ashok Bhardwaj

11 Jun 2019

ORDER

BEFORE THE  DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

 

Consumer Complaint no. 208 of 2017.

Date of instt. 03.10.2017. 

                                                                     Date of Decision: 11.06.2019.

 

Mihan Singh son of Sh. Tek Chand, resident of House No.219, village Sirsma, Tehsil Thanesar,  District Kurukshetra. 

                                                                ……….Complainant.      

                        Versus

 

1. Manager Kotak Mahindra Bank Limited, Gobindgarh, Salarpur Road, Thanesar, District Kurukshetra.

 

2. Gurwinder Singh agent of Kotak Mahindra Bank Limited, resident of village & P.O. Lukhi, District Kurukshetra.

 

3. Surender Kumar agent of Kotak Mahindra Bank Limited resident of village Bargat, District Kurukshetra.

 

..………Opposite parties.

 

       Complaint under section 12 of Consumer Protection Act.            

 

Before       Smt. Neelam Kashyap, President.    

                Ms. Neelam, Member. 

                Sh. Sunil Mohan Trikha, Member                                          

Present:     Sh. Ashok Kumar Bhardwaj, Advocate for complainant.   

 Sh. Harvinder Singh, Advocate for opposite parties.

 

           

ORDER

                                                                         

                    This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Mihan Singh against Manager Kotak Mahindra Bank Limited and others, the opposite parties.

2.             It is stated in the complaint that in the year 2008, the complainant took a loan for purchase of tractor from the op no.1 for Rs.3,32,181/- through its agent op no.2. The complainant purchased the tractor after paying the remaining amount from his own pocket and got it registered vide registration No. HR07L-6571. It is further averred that complainant is regularly paying the installments of loan amount to op no.1 through its agents i.e. ops no.2 and 3 and paid the total amount of Rs.5,83,001/-. The ops no.2 and 3 assured the complainant that total amount of the borrowed loan has been fully paid and nothing is due. But when the complainant went to op no.1 for issuance of NOC, they flatly refused to issue the NOC of the above said tractor rather they supplied the statement of accounts from 19.7.2008 to 19.7.2017 and further shown that an amount of Rs.3,32,134.23 is still outstanding against the complainant. That the amount shown due is totally illegal, arbitrary and not binding on the complainant. It is further averred that complainant requested the ops not to take law in their hands and to issue NOC but to no effect. That due to illegal act and conduct of the ops, the complainant suffered loss. Hence, this complaint.

3.             On notice, opposite parties appeared and filed written statement taking certain preliminary objections. It is submitted that complainant has not come to this Forum with clean hands as he has concealed the material facts from this Forum as he has taken loan of Rs.3,32,181/- vide loan agreement dated 29.3.2008 and undertaken that he would pay the entire loan amount with interest in 10 installments from 29^th March, 2008 to 20^th March 2013 but he did not pay the installments within time and Rs.4,97,567/- is outstanding against him till 11.4.2018. The other preliminary objections regarding no locus standi and estoppal are also taken. On merits, while reiterating the plea of preliminary objections, it is submitted that complainant had not paid the entire loan amount to the ops and an amount of Rs.4,97,567.07 is outstanding till April, 2018. There is a written loan agreement between the parties and complainant breached the terms and conditions of loan agreement and hence NOC is not issued to complainant. With these averments, dismissal of complaint prayed for.

4.             Learned counsel for complainant tendered affidavits Ex.CW1/A, Ex.CW2/A. On the other hand, learned counsel for ops tendered affidavit Ex.RW1/A and documents Ex.R1 to Ex.R7.

5.             We have heard learned counsel for the parties and have perused the case file carefully.

6.             Admittedly, the complainant had obtained loan of Rs.3,32,181/- for purchase of tractor from the opposite party no.1 through its agents i.e. ops no.2 and 3 and accordingly purchased the tractor. The loan amount was repayable in 10 equal half yearly installments of Rs.53,000/- each and as such complainant was liable to pay total amount of Rs.5,30,000/- to the ops alongwith interest besides service charges and insurance handling charges etc. The loan was obtained on 29.3.2008 and its maturity date was 20.3.2013. According to the complainant, he is regularly paying the installments of loan amount to op no.1 and has paid the total amount of Rs.5,83,001/- i.e. in excess to the agreed amount to be paid by complainant. Whereas, the ops have alleged that complainant did not pay the installments within time and an amount of Rs.4,97,567/- is still outstanding against the complainant till 11.4.2018. But we see no substance in the plea of the opposite parties. We have perused the statement of account dated 26.2.2019 placed on file by ops themselves as Ex.R7 which itself contradicts the plea of the ops. This statement of account shows that first installment of Rs.53,000/- which was due on 20.9.2008 was paid on 25.9.2008, second installment which was due on 20.3.2009 was paid on 28.3.2009, then an amount of Rs.53,000/- was paid on 17.4.2009 i.e. in advance, then third installment shown due on 20.9.2009 was paid on 20.9.2009, fourth installment shown due on 20.3.2010 was paid on 31.3.2010, fifth installment shown due on 20.9.2010 was paid on 27.12.2010, sixth installment shown due on 20.3.2011 was paid on 17.5.2011, seventh installment shown due on 20.9.2011 was paid on 29.11.2011, eighth installment shown due on 20.3.2012 was paid on 29.3.2012, for ninth installment of Rs.53,000/- shown due on 20.9.2012, an amount of Rs.90,000/- was paid on 22.2.2013 and then complainant paid an amount of Rs.16,000/- on 27.2.2013. In this way the complainant has paid total amount of Rs.5,83,00/- to the ops in nine installments of Rs.53,000/- each, Rs.90,000/- on 22.2.2013 and Rs.16,000/- on 27.2.2013. The loan amount of Rs.5,30,000/- was to be cleared up to 20.3.2013 but the complainant has deposited total amount of Rs.5,83,000/- with the ops up to 27.2.2013. No doubt, the complainant has paid some installments after some delay but the fact cannot be overlooked that he has paid one installment in advance and paid the total amount of Rs.5,83,000/- in place of Rs.5,30,000/- ( which was actually to be paid by the complainant to the ops) meaning thereby that he has already paid more amount of Rs.53,000/- for delay in installments. The ops have wrongly averred in their written statement by ignoring their own documents i.e. statements of accounts that an amount of Rs.4,97,567.07 is still outstanding against the complainant. As per statement of account Ex.R7, the total amount to be paid by complainant has been shown as Rs.5,89,954.87 including amount of Rs.6420/- as service charges and the complainant has already paid an amount of Rs.5,83,001/-, so as per the statement of account, now only an amount of Rs.6953.87 is outstanding against the complainant on 31.1.2019 and the complainant is ready to deposit the said amount with the ops. However, the ops will not raise any interest on that amount as the complainant has already paid more amount of Rs.53,000/- for some delay in installments and the ops are guilty of wrong averments/ concealment of material facts in their written statements by ignoring their statements of accounts.    

7.             In view of the above, we direct the complainant to deposit the said amount of Rs.6953.87 with the opposite parties within a period of 15 days from the date of receipt of copy of this order for which the ops will issue proper receipt to the complainant and thereafter the opposite parties will issue No Dues certificate/ NOC to the complainant within further period of 30 days, failing which the complainant will be entitled to an amount of Rs.15,000/- alongwith interest @9% per annum from the date of order till actual compliance of the order. The present complaint stands disposed of accordingly. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.

Announced in open Forum:

Dt.: 11.6.2019 

                                                                        (Neelam Kashyap)

                                                                        President.

 

 

(Neelam)           (Sunil Mohan Trikha)        

                Member                     Member