Punjab

Rupnagar

RBT/CC/18/219

Sushil Kumar - Complainant(s)

Versus

L & T Finance - Opp.Party(s)

Gagandeep S. adv

17 Jan 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION CAMP COURT AT LUDHIANA

Received by way of transfer Consumer Complaint No.219 of 2018

                                               Date of institution:03.04.2018                                           Date of Decision:17.01.2023

 

Sushil Kumar aged 50 years son of Sh. Amar Nath resident of Street No.1, Gurmeet Nagar, Giaspura, Ludhiana

…….Complainant

Versus

 

L & T Finance, Rani Jhansi Road, Civil Lines, Ludhiana

                                                          ……..OppositeParty QUORUM:     

   HON’BLE MR. RANJIT SINGH, PRESIDENT.

                   HON’BLE MRS. RANVIR KAUR, MEMBER

PRESENT:

      

Sh.Hardip Singh Bir, Adv. for complainant

Sh. Vyom Bansal, Adv. for OP                
 

ORDER

RANJIT SINGH BATH, PRESIDENT

 

1. The present order of ours will dispose of the above complaint filed under Consumer Protection Act, by the complainant against the Opposite Party on the ground that the complainant had taken vehicle loan from the OP and was regularly paying the installments to the OP, but due to some financial exigencies, the complainant could not make the payment of the same and the OP has violated the norms by  forcefully taking the possession of the vehicle/activa bearing No. PB-10-FT-5413 from the complainant. The OP are playing hot and cold at the same time, on one hand side, the OP is getting the notice served for the purpose of conciliation to the complainant and on the other side, the OP has took the forcible possession of the vehicle of the complainant, which the OP has no right to take the forcible possession of the vehicle from the complainant, who is ready to make the payment of the amount of the installments and the OP forced him to make the payment of the excess amount than the actual amount which is due which is against the spirit of the equity and justice. It is further averred that now the OP has sold the vehicle, the said conduct of the OP amounts to coercion on their part and it is not only cheating with the complainant but also an extortion and the complainant reserves his right to take appropriate action against the OP under the criminal law. On 2.11.2017, the complainant ready to deposit the installments of the vehicle in question to the OP and OP called the complainant in their office and the complainant was remained present in the office of the OP persons and even he stayed in their office from 3.00 PM to 8.00 PM  but the intention of the OP was dishonest and to cheat with the complainant, he got obtained the signatures of the complainant on some blank papers  on the pretext that they are accepting the installments of the vehicle from the complainant but lastly, at about 8.00 PM they returned the complainant by saying that his vehicle has been sold by them for their own benefit and now the complainant cannot do anything against them. Thus, alleging deficiency in service on the part of the OP. Therefore, the complainant prayed for the following reliefs against the OP:- 

1. To pay an amount of Rs.46,000/- as price of the vehciel in question

2. To pay Rs.25000/- as compensation on account of mental tension, harassment, pain.

3. To pay Rs.25,000/- as litigation expenses.

2.  Upon notice, the OP has filed written reply taking preliminary objections; that the complain is not maintainable as per Section 8 of the Arbitration and Conciliation Act; that the present complaint is barred by limitation; that the complainant has not approached this Commission with clean hands and is guilty of suppression of material facts. The sole motive of this complaint is to extort illegal and unjust money from the answering OP; that the complainant is trying to mislead this Hon’ble Commission; that complainant has failed to disclose any deficiency in service, without admitting any, on the part of the answering OP; that the present complain t is false and frivolous; that the complainant has no cause of action to file the present complaint. On merits, it is stated that the complainant availed loan of Rs.49,000/- for his two wheeler activa and he entered in a written loan cum hypothecation agreement No.2868181 dated 27.5.2016  executed between the parties, which was duly signed by the complainant and thereafter the amount was disbursed. The said loan was to be repaid in 24 EMI of Rs.2486/-  each including interest and loan installments and as per the schedule of repayment, the complainant continuously defaulted the installment of the loan amount and due to his inability to pay the installments vide his letter dated 6.11.2017 surrendered the vehicle with the answering OP which was auctioned to recover the outstanding amount. As per the profits and loss statement prepared by the OP and amount of Rs.14,422.26/- including penalties and other charges as on 24.11.2017 is loss incurred on sale of the asset. The OP has sent various reminders, requests and notice to the complainant to pay the outstanding amount but he did not pay any heed and in order to evade the payment of outstanding amount and to escape from his liability. It is further stated that there is no deficiency in service on the part of the OP and prayed for dismissal the present complaint.         
3.  In support of the complaint, the complainant has tendered various documents. On the other hand, the OP has also tendered documents in support of their evidence.
4. We have heard the learned counsel for the parties and have gone through the record of the file, carefully.
5. After perusing the complaint and written version filed by the OP, we feel that the complainant has failed to prove his case as the complainant is duty bound to repay the installments of his loan. After repeated requests/ notice of the OP, the complainant has failed to repay the loan amount then the OP sold the vehicle in question in auctioned.
6. In view of above discussion, we dismiss the present complaint with no order as to cost.  Free certified copies of this order be sent to the parties, as per rules. The file be sent back to the District Consumer Commission, Ludhiana, for consigning the same to the Record Room.
7.  

January 17, 2023

(Ranjit Singh)

PRESIDENT

•  

                                   

(Ranvir Kaur)

MEMBER

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