Charanjit Singh, President;

1        The complainant Hazara Singh has filed the present complaint by invoking the provisions of Consumer Protection Act under Section 11, 12 and 13 against M.K. Financial Services, H.O. 55-G, Near Indusind Bank and another (Opposite Parties) on the allegations of deficiency in service and negligence in service on the part of opposite parties with prayer to direct the opposite party No. 1 to reimburse the full amount financial loss i.e. of Rs. 1,80,500/- and to return the R.C of vehicle and the complainant has also prayed Rs. 10,000/-, Rs. 10,000/- as compensation and Rs. 10,000/- as litigation expenses alongwith interest at the rate of 12% per annum from the date of filing of the complaint and the opposite party may be restrained from snatching the forcible possession of the vehicle from the complainant except in due course of law.

2        The case of the complainant in brief is that the opposite party No. 1 is dealing in the business of financing loans for various purposes and further the opposite party No.2  works together in collaboration with each other in the field of financing transport vehicle loans.  The complainant was in need of a transport vehicle in order to earn his livelihood. As the complainant has contacted the opposite party No. 1 for financing a loan of Rs. 5 Lacs approximately. Afterwards the opposite party No. 1 has released a loan amount of Rs. 4,86,550/- in favour of complainant. The opposite party No. 1 has got financed the vehicle bearing No. PB29-R-3465 Model 2006. At the time of sanctioning of the loan, the R.C. and other papers of the vehicle were obtained by the concerned officials of the Opposite Party No. 1 from the complainant. After sanctioning of the above said loan  amount, all the other documents except the R.C. of the vehicle were returned to the complainant by the concerned officials of the Opposite party no.1. As such, the complainant has demanded the R.C. of the vehicle from the concerned officials and the concerned officials have told that the R.C. will be returned back after paying the first installment. Afterwards the complainant has paid the first installment but the R.C. was not returned back to him by the concerned  officials due to reason best known to them. The complainant is poor person and he can pay the installments only, if he can use the vehicle for earning his livelihood but as the R.C. of the concerned vehicle is lying with the opposite party No. 1, as such, the complainant could not use the vehicle properly. Inspite of all this, the complainant has paid many installments of the loan to the opposite party No.1 through cheques as well as through agent of the opposite party No.1 but till today the R.C. of the vehicle has not been returned back to the complainant by the concerned officials of the opposite party No.1. Due to above said fact, the above said vehicle is standing in the Gurudwara at present for the last 12 months and the complainant cannot use the same without the R.C. having with him. As such, the complainant is suffering a lot due to the said fact. Further the complainant has been mentally and physically harassed by the concerned officials of the company, whenever he used to visit the company for the purpose of obtaining the R.C.  The complainant is in urgent need of the R.C. of the vehicle as without the RC it has become difficult for him even to earn for his livelihood as he cannot ply the vehicle without R.C. As the complainant has run from pillar to post for obtaining the R.C. of the vehicle but all the concerned officials of the OP No. 1 are least bother to hear the genuine requests of the complainant. The complainant has also served a legal notice upon the opposite party No. 1 for obtaining the R.C. of the vehicle. The officials of the opposite party No. 1 has started harassing the complainant after the receipt of the notice and have further told that  he has not paid the installments of the vehicle, as such the opposite party No. 1 will take forcible possession of the vehicle from the complainant. The complainant has requested them that he has already paid 16 installments of the loan amount and further he is always ready to pay the further installments if the opposite party No. 1 will release the R.C. of the vehicle in his favour. The officials of opposite party No. 1 have told that they will neither admit that the complainant has paid 16 installments nor will return the R.C. of the vehicle unless and until, the complainant fell written apology from them for sending them the legal notice.  The complainant has suffered a lot of financial loss due to act, conduct and behavior of the officials of the opposite party No.1. The vehicle of the complainant is standing in the Gurudwara for the last 12 months due to unfair trade practice on the part of opposite party No.1. The complainant has also paid the National permit fee as well as other taxes of the vehicle but could not use the vehicle from the last 12 months. As such, in total the complainant has suffered an income loss of Rs. 10,000/- per month for the last 12 months to which the opposite party No. 1 is liable to pay to the complainant. The complainant as also paid Rs. 35,000/- for the insurance of vehicle and also paid Rs. 16,500/- as national permit fee of the vehicle but could not use the vehicle due to unfair trade practice on the part of the opposite party No.1. The complainant has also paid Rs. 9,000/- as tax fee of the vehicle but could not use the vehicle due to unfair trade practice on the part of the opposite party No.1. The opposite party No. 1 is liable to compensate the complainant for all the above losses occurred due to unfair trade practice on the part of the opposite party No.1. The opposite party No. 1 has threatened the complainant that they will forcibly take the possession of the vehicle from the complainant and will sell the vehicle which can cause irreparable loss to the complainant.

3        After formal admission of the complaint, notice was issued to Opposite Parties and opposite party No. 1 appeared through counsel and filed written version contesting the complaint by taking preliminary objections that the complaint in the present form is not legally maintainable. The complainant is defaulter in the payment of regular installments of loan and in order to save his skin from legal action has filed the present false and frivolous complaint.  The complainant has concealed material facts from the notice of this Commission and filed present false complaint. The complainant has filed the present complaint because the replying opposite party has started the recovery proceedings against the complainant. The replying opposite party served a demand notice to the complainant.  The complainant himself received the original RC from the replying opposite party at the time of advance alongwith all other documents of the vehicle and promised to return the certified copy of the RC with hypothecation clause in favour of replying opposite party and to this effect, he executed duly sworn affidavit. The complainant after getting the hypothecation clause entered in the original RC had supplied self attested copy to the replying opposite party and original R.C. remained with the complainant. The complainant has falsely and mischievously alleged that RC was not given to him. The complainant himself filed copy of permit with the complaint, which cannot be issued without showing the original RC to the RTA and further the vehicle was got passed every year and the complainant himself alleged that he got the vehicle passed from the MVI/concern authorities which clearly prove that original RC is in possession of the complainant but he has filed false complaint just to counter blast the demand notice issued by the replying opposite party for repayment of the entire due amount as the complainant is defaulter and replying opposite party is well within their rights to start recovery proceedings as per terms and conditions of the loan agreement. There is an arbitration clause in the loan agreement and as such, if the complainant has any dispute regarding the loan account or related acts, the only remedy is to write to the Arbitrator and not to file present complaint. On merits, it was pleaded that loan of Rs. 4,86,550/- was sanctioned by the replying opposite party to the complainant against his vehicle bearing No. PB29-R-3465.  The complainant supplied self attested copy of RC to the opposite party No.1 with hypothecation clause in favour of replying opposite party after about 25 days. The story of the complainant is not believable that officials of the replying opposite party had promised to hand over original RC on deposit of first installment in loan account because if the RC was not delivered to him then why he deposited second, third and subsequent installments as he himself alleged that he had paid 16 installments and he has not filed any written application/ request for original RC.  The complainant is plying the hypothecated vehicle and is earning handsome amount but is not paying installments regularly, as such, the loan account became overdue and now he has filed present false complaint. The replying opposite party is sufferer as the loan has become irregular and overdue for non-deposit of installments by the loaner/ complainant. The complainant had insulted and threatened the employees of the replying opposite party whenever they raised demand for deposit of overdue installments in the loan account. The opposite party No. 1 has denied the other contents of the complaint and prayed for dismissal of the complaint.

4        The opposite party No. 2 appeared through counsel and filed written version contesting the complaint by taking preliminary objections that     the present complaint under section 12 and 13 of the Consumer Protection Act, 1986 is not maintainable in the eyes of law. The present complaint has been filed by the complainant with malafide intention and with ulterior motive to harass the replying opposite party as the complainant has dragged the answering opposite party in unwarranted and unnecessary litigation by filing the present complaint. The present complaint is not maintainable as per Section 11 of the Consumer Protection Act, 1986 and this commission has got no jurisdiction to try the present complaint. The complainant has no locus standi to file the present complaint. The present complaint is bad for misjoinder and non-joinder of necessary and proper parties. The complainant as not approached this Commission with clean hands. On merits, it was pleaded that the opposite party No. 2 use to provide only financial assistance to the opposite party no.1. The opposite party No. 2  has denied the other contents of the complaint and prayed for dismissal of the complaint. Alongwith the written version, the opposite party No. 2 has filed affidavit of Rajinder Collection Manager Ex. OP2/A .

5        The complainant has filed rejoinder to the written version filed by the opposite party No. 1 and denied all the pleas taken in the written version and reiterated the stand as taken in the complaint, it was pleaded that earlier the complainant was plying regular installments and all the receipt of the installments are attached with the complaint. Later on the opposite party No. 1 has not returned the RC of the vehicle to the complainant, as such, it become impossible to ply the vehicle without RC, as such without earning anything from the vehicle, it became very hard for the complainant to pay further installments. The complainant is ready to pay the remaining installments if the opposite party No. 1 will return back the RC as well as reimburse the loss suffered by him due to nonuse of the vehicle. The complainant was plying the vehicle for earning his livelihood but due to act and conduct on the part of the opposite party No. 1, the complainant has suffered a lot material and physical harassment and prayed that the present complaint may be allowed. Alongwith the rejoinder, the complainant has placed on record Self attested copy of authorization certificate Ex. C-1, Self attested copy of permit Ex. C-2, Self attested copy of insurance Ex. C-3, Self attested copy of permit Ex. C-4, Self attested copy of receipt of Tax Ex. C-5, Self attested copy of E receipt of payment Ex. C-6, self attested copy of insurance Ex. C-7, Self attested copy of Insurance Ex. C-8, Self attested copy of permit Ex. C-9,  Self attested copy of receipt Ex. C-10, Self attested copy of Insurance Ex. C-11, Self attested copy of Tax Ex. C-12, Self attested copy of certificate of fitness Ex. C-13, Self attested copy of payment receipts Ex. C-14 to Ex. C-28, Self attested copy of Cheque Transfer receipt Ex. C-29, Self attested copy of cheque Ex. C-30, Self attested copy of Legal notice Ex. C-31, Self attested copy of Postal receipt Ex. C-32, Original affidavit Ex. C.33.

6        We have carefully gone through the record and heard the Ld. counsel for the parties.

7        The combine and harmonious reading of the pleading and documents goes to prove that the complainant has got financed the truck amounting to Rs. 4,86,550/- in order to earn his livelihood. As per version of the complainant all the documents related to the complainant were returned to the complainant except registration certificate and complainant was paying installments regularly. The plea taken by the complainant that due to non-availability          of registration certificate, he could not ply the vehicle properly and could not earn the money as per satisfaction. Due to non-availability of registration certificate, he was compelled to park his vehicle in the Gurudwara Sahib for the last 12 months. Due to this fact, he has been mentally as well as physically harassed in the hands of the opposite parties. Whereas on the other hand, the opposite parties stated in their replies that registration certificate was handed over to the complainant with all the relevant documents and he was advised to furnish the copy of registration certificate after getting hypothecated from the concerned bank. The other plea taken by the opposite parties is that the complainant has got passed the vehicle from MVI. Further he applied for the national permit which cannot be done without registration certificate. Furthermore, the complainant himself has placed on record, form receipt of Tax Ex. C-12, Certificate of fitness dated 30.1.2017 Ex. C-13. Meaning thereby that the registration certificate was available with the complainant. The plea taken by the complainant that due to non-availability of registration certificate he has suffered income loss of Rs. 10,000/- per month for the last 12 months and further he stated that he has spent Rs. 35000/ for insurance of vehicle and Rs. 16,500/- spent to get National Permit. Further he paid Rs. 9,000/- as Tax of the vehicle. It is pertinent to mention here that if the complainant has incurred this much amount upon the truck for this he is legally bound to ply the vehicle safely on the road otherwise,  it is mandatory requirement for any goods carrier vehicle.  Further the complainant has mentioned that he was compelled to park the truck in the Gurudwara complex but he has failed to place on record any proof that he has parked the vehicle in the Gurudwara complex for the last 12 months. He would have placed on record some certificate of Gurudwara authority to prove his submission regarding  vehicle parked in the Gurudwara complex. Further the complainant also failed to prove that he has incurred loss of Rs. 10,000/- per month and the complainant has not placed on record the meter reading of the truck to prove that truck was standing for the last 12 months. Moreover, if the Opposite Party has not given the Registration certificate to the complainant, he would have gone to police or any other authority to pursue the same but the complainant has not placed on record single document which prove that the complainant has made any effort to procure the registration certificate of the vehicle in question.  Hence the complainant has miserably failed to prove on record his case.

8        In view of above discussion,  in our opinion, there is no merits in the present complaint and same is dismissed being devoid of merits. Copy of order be supplied to the parties as per rules. File be consigned to record room.

Announced in open Commission

22.10.2021