Before the District Consumer Disputes Redressal Forum, Room No. 208 2^nd Floor, District Administrative Complex, Tarn Taran

Consumer Complaint No    :   15 of 2019

Date of Institution                      :   27.02.2019

Date of Decision               :   14.08.2019

Harjit Singh son of Kashmir Singh resident of village Makhi Kalan, Tehsil and District Tarn Taran.

                                                                             …..Complainant

                             Versus

M.K. financer Services, (Regd.) 1^st Floor, S.C.F., 55-F, Abvoe Narain Bazar, Near Indusind Bank, City Centre Amritsar (Franchise with Shri Ram Transport Finance Company Ltd.) through its branch Manager.

                                                                             …Opposite Party

Complaint Under Section  12 and 13 of the Consumer Protection Act .

Quorum:               Sh. Charanjit Singh, President

Smt. Jaswinder Kaur, Member

For Complainant           Sh. G.S. Randhawa Advocate.

For Opposite Pary                  Ex-parte

ORDERS:

Charanjit Singh, President;

1        The complainant Harjit Singh has filed the present complaint under Section 12 and 13 of the Consumer Protection Act (herein after called   as 'the Act') against M.K. financer Services, (Regd.) 1^st Floor, S.C.F., 55-F, Abvoe Narain Bazar, Near Indusind Bank, City Centre Amritsar (Opposite party) on the allegations of deficiency in service and negligence in service on the part of the opposite party with further prayer to direct the opposite party to accept and receive the monthly installments and issued the receipts of paid installments and not to take or snatch the Truck in question  from the complainant and also prayed Rs. 20,000/- as compensation and Rs. 15,000/- as litigation expenses.

2        The case of the complainant is that he purchased one Truck having registration No. PB05-S-9265, Marka 2515/TC, Model 2008, Engine No. 80C95991416, Chassis No. 42601CRZ716362 and got it financed from the opposite party with an amount of Rs. 7 Lacs for a period of 24.12.2014 to 24.10.2017 and installment was fixed of Rs. 30,980/-. The finance company did not deliver the truck from the date of sanction of loan and it delivered the truck to the complainant nine months later from the date of sanction of the loan, the complainant paid first installment on 7.2.2015 of Rs. 13,000/- and again on Rs. 14.2.2015 the complainant paid Rs. 18,000/-, again on 13.5.2015 the complainant paid Rs. 31,000/- and again on 25.6.2015, the complainant paid Rs. 25,000/- and again on 18.8.2015 the complainant paid Rs. 55,000/- and again on the same day on 18.8.2015 the complainant paid Rs. 23,000/- and again on 23.11.2015, the complainant paid Rs. 50,000/- and again on 20.1.2016 the complainant paid Rs. 20,000/- and again on 1.4.2016 the complainant paid Rs. 25,000/- and again on 21.4.2016 the complainant paid Rs. 8,000/- and again on 22.8.2016 the complainant paid Rs. 30,000/- and again on 29.9.2016 the complainant paid Rs. 10,000/- and on 6.10.2016 the complainant paid Rs. 15,000/-. Even the opposite party did not issue the receipt of Rs. 1,10,000/- which was paid by the complainant to the opposite party as a part of installment alongwith above mentioned installments, even the complainant through cheque bearing No. 521697 dated 8.12.2016 for an amount of Rs. 25,000/- i.e. Punjab National Bank Branch Manihala Jai Singh Tehsil and District Tarn Taran and another cheque bearing No. 521726 dated 17.2.2017 for an amount of Rs. 25,000/- i.e. Punjab National Bank Branch Manihala Jai Singh, Tehsil and District Tarn Taran. All the installments were received by the opposite party at home of the complainant and receipts were also delivered at the home of the complainant by the representatives of the opposite party as the opposite party was having its Sub office at Tarn Taran which is closed few days back. There are few installments which are not paid by the complainant which is delayed due to the unnecessarily intervention of the opposite party under the threat of snatch the truck of the complainant from the complainant, hence, the complainant was unable to use the truck. The complainant is ready to pay the unpaid installments alongwith interest which is admissible as per law as per the Banking Rules and Regulations, even the complainant approached to the opposite party last week for payment of installment but the opposite party did not receive the installments. The opposite party threatened the complainant that it will snatch the vehicle after the complainant had requested the opposite party several times and requested for the payment of the pending installment but the opposite party refused to do so. The complainant even after closing the Tarn Taran Sub office of opposite party approached the Amritsar office of the opposite party so as to assure the opposite party regarding the payment of installments but the opposite party remained adamant to snatch the vehicle from the complainant. Feeling dissatisfied by the act and conduct of the opposite party, the complainant perforce has filed this complaint against the opposite party. Alongwith the complaint, the complainant has placed on record his affidavit Ex. C-1, self attested copy of Registration Certificate Ex. C-2,  Self attested copy of payment receipts Ex. C-3 to Ex. C- 14, statement Ex. C-15,  Certified copy of order ex. C-16.

3        Notice of this complaint was sent to the opposite party and previously Sh. Karanbir Singh Lehri Advocate filed memo of appearance on behalf of opposite party and later on no one appeared on behalf of opposite party and consequently, the opposite party was proceeded against exparte vide order dated 2.5.2019.

4        We have heard the Ld. counsel for complainant and have also carefully gone through the evidence and documents on the file.

5        The complainant has produced on record his affidavit Ex. C-1 and declared that he purchased one Truck having registration No. PB05-S-9265, Marka 2515/TC, Model 2008, Engine No. 80C95991416, Chassis No. 42601CRZ716362 and got it financed from the opposite party with an amount of Rs. 7 Lacs for a period of 24.12.2014 to 24.10.2017 and installment was fixed of Rs. 30,980/-. The Registration certificate of the vehicle is Ex. C-2. The finance company did not deliver the truck from the date of sanction of loan and it delivered the truck to the complainant 9 months later, the date of sanction of the loan while without delivery of vehicle , the complainant paid first installment on 7.2.2015 of Rs. 13,000/- and again on Rs. 14.2.2015 the complainant paid Rs. 18,000/-, again on 13.5.2015 the complainant paid Rs. 31,000/- and again on 25.6.2015, the complainant paid Rs. 25,000/- and again on 18.8.2015 the complainant paid Rs. 55,000/- and again on the same day on 18.8.2015 the complainant paid Rs. 23,000/- and again on 23.11.2015, the complainant paid Rs. 50,000/- and again on 20.1.2016 the complainant paid Rs. 20,000/- and again on 1.4.2016 the complainant paid Rs. 25,000/- and again on 21.4.2016 the complainant paid Rs. 8,000/- and again on 22.8.2016 the complainant paid Rs. 30,000/- and again on 29.9.2016 the complainant paid Rs. 10,000/- and on 6.10.2016 the complainant paid Rs. 15,000/-. Even the opposite party did not issue the receipt of Rs. 1,10,000/- which was paid by the complainant to the opposite party as a part of installment alongwith above mentioned installments, even the complainant through cheque bearing No. 521697 dated 8.12.2016 for an amount of Rs. 25,000/- i.e. Punjab National Bank Branch Manihala Jai Singh Tehsil and District Tarn Taran and another cheque bearing No. 521726 dated 17.2.2017 for an amount of Rs. 25,000/- i.e. Punjab National Bank Branch Manihala Jai Singh, Tehsil and District Tarn Taran. All the installments were received by the opposite party at home of the complainant and receipts were also delivered at the home of the complainant by the representatives of the opposite party as the opposite party was having its Sub office at Tarn Taran which is closed few days back. There are few installments which are not paid by the complainant and same is delayed due to the unnecessarily intervention of the opposite party under the threat of snatch the truck of the complainant from the complainant, hence, the complainant was unable to use the truck. The complainant is ready to pay the unpaid installments alongwith interest which is admissible as per law as per the Banking Rules and Regulations, even the complainant approached to the opposite party last week for payment of installment but the opposite party did not receive the installments. The opposite party threatened the complainant that it will snatch the vehicle after the complainant had requested the opposite party several times and requested for the payment of the pending installment but the opposite party refused to do so. The complainant even after closing the Tarn Taran Sub office of opposite party approached the Amritsar office of the opposite party so as to assure the opposite party regarding the payment of installments but the opposite party remained adamant to snatch the vehicle from the complainant. The complainant has made the payment of installments vide receipts Ex. C-3 to Ex. C-14, statement of account is Ex. C-15.  

6        The evidence led by the complainant on the file goes unchallenged and unrebutted as Opposite party is proceeded against exparte in the present complaint and there is no reason on the file as to why the evidence produced by the complainant be not believed. Otherwise also, due notice was issued to the Opposite Party and previously Sh. Karanbir Singh Lehal Advocate filed memo of appearance on behalf of opposite party but later on no one appeared on behalf of opposite party in the Forum in order to contest the complaint which shows that the Opposite Party has nothing to say upon the allegations leveled against it by the complainant. As such, the complainant is entitled to the relief claimed in the complaint and it stands established on record that the complainant is approaching the opposite party several times but the opposite party did not care to resolve the matter and this act of the opposite party not only committed deficiency in service, but also indulged in an unfair trade practice.            

7        In light of the above discussion, the complaint succeeds and the same is hereby allowed with costs in favour of the complainant and against the Opposite Party. The opposite party is directed to accept and receive the monthly instalments against proper receipt and to issue the receipts of payment made by the complainant to the opposite party. The opposite party is also directed and not to take or snatch the truck in question bearing registration No. PB05-S-9265 from the complainant. The complainant is also entitled to Rs.7,500/- (Rs. Seven thousand and five hundred only) as compensation on account of harassment and mental agony and Rs 5,000/- (Rs. Five Thousand only) as litigation expenses from the opposite party. Opposite Party is directed to comply with the order within one month from the date of receipt of copy of the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of complaint till its realisation.  Copy of order be supplied to the parties free of costs as per rules. File be consigned to record room.