Haryana

Ambala

CC/214/2016

Smt. Manjeet Kaur - Complainant(s)

Versus

Magma Fincorp Ltd - Opp.Party(s)

Bhanjan Singh Behgal

26 Feb 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

 

Complaint Case No. : 214 of 2016

Date of Institution    :  17.05.2016

Date of Decision      :  26.02.2018

 

 

Smt. Manjeet Kaur wife of Shri Darshan Singh resident of village and psotoffice Mandokhara, Tehsil Shahbad District Kurukshetra.

                                                                                       ……Complainant.

 

Versus

 

1.       MAGMA FINCORP LTD, SCO-13, Opp. Truck Union, Near Namaste Chowk, Sector-3, Karnal, Through its authorized signatory.

2.       MAGMA FINCORP LTD, Near Vijay Rattan Chowk, Rai Market, Ambala Cantt.

3.       Shri Rahul Sharma son of SHRI Som Dutt Sharma, Sugar Mill Colony, Shahbad(M), District Kurukshtra Agent of Magma Fincorp Ltd.

4.       Eakansh Wheels, Authorized Maruti Suzuki Dealer, Jagadhri-Ambala Road, Village Tepla District Ambala.

                                                                             ……Opposite Parties.

 

Complaint Under Section 12 of the Consumer Protection Act

 

Before:        Sh. D.N.Arora, President.

                   Sh. Pushpender Kumar, Member.

Ms. Anamika Gupta, Member.

         

Present:       Sh. Bhajan Singh Behgal, counsel for complainant.

                   Sh. Puneet Sirpaul, counsel for OPs No.1 & 2.

Sh. U.S.Chauhan, counsel for the OP No.4.

OP No.3 proceeded ex parte v.o.d. 21.09.2016.

 

ORDER

 

In nutshell, brief facts of the present complaint is that the complainant had purchased a car make Swift Dzire VDI BSIV from the OP No.4 dated 10.11.2015. At the time of purchasing the car, the OP No.3 received a sum of Rs.2,43,000/- in case from the complainant and rest  of the amount was financed by the OPs No. 1 & 2 and the installment  was made at the tune of R.s 13,740/- per month and advance installment of Rs.13,370 was also received by the OP from the complainant. The OP get all the documents signed from the complainant and also took four blank signed cheques from the complainant and four blank cheque received by the OP No.3 from  the husband of the complainant. The delivery of the vehicle was given to the complainant but the bill, invoice, sale certificate and other required documents were not given to the complainant at the time of delivery of vehicle by the OP No.4. When the complainant approached to deliver the required documents from  the OP No.4, they refused to give the  documents by saying that until and unless OPs No. 1 & 2 does not give us the DDR or cheque of the financed amount, we will not provide the relevant documents to the complainant. Now, the OP No.4, delivered the bills, documents etc to the complainant and the complainant surprised to see that  the OPs No. 1 to 3 deposited Rs. 1,34,700/- in cash with the OP No.4, although the OPs No. 1 to 3 were taken Rs. 2,43,000/- from the complainant. Further, the complainant get information through SMS from OPs No. 1 to 3 regarding the loan amount, which is Rs. 6,04,725 and installment is Rs.14,740/-.The OPs No. 1 to 3 in connivance with each other cheated the complainant by taking of Rs. 2,43,000/- as cash but deposited only Rs. 1,34,700/- with the OP No.4 and the further the installment was made of Rs. 13,740/- but collect the installment from the complainant @Rs. 14,740/-. The complainant visited the office of the OPs No. 1 & 2 and also met personally with the OP No.3 to refund his amount of Rs. 2,43,000/- received by them in connivance with each other or to adjust the same in his loan amount but the OPs No. 1 to 3 went on putting off the complainant with one excuse or the other. Upon this, a legal notice dated 16.03.2016 served to the  OPs  by the complainant and  he prayed to give the direction to the OPS No. 1 to 3 to refund the amount of Rs.1,08,300/- or to adjust the same and further prayed for compensation as well as cost of proceedings. In this way, the complainant suffered mental harassment and mental agony and also suffered financial loss due to the act and conduct of the OPs. Hence, the present complaint.

2.                Upon notice, OPs No. 1 & 2 appeared and tendered written statement  and stated that the OP No.3  received a sum of Rs.2,43,000/- in cash from the complainant and installment was made at the tune of RS.13,740/- per month and advance installment of Rs.13740/- was also received by the OP from the complainant. As a matter of fact the complainant has availed a loan of Rs. 6,04,754/- vide loan account no.PG/0030/C/14/000409. The same was to be paid in 58 installments of Rs.,14,740/- P.M. the margin money was only Rs. 91,000/-. OP get all the documents signed from the complainant. It is wrong that the complainant took four blank signed cheques from the complainant. They also stated that four blank cheques received by the OP No. from the husband of the complainant and at the time of loan everything was properly disclosed to the complainant and after read carefully and understand all the terms and conditions the complainant signed the documents and loan agreement. Further, it is not true that the OPs No. 1 & 3 deposited Rs.1,34,700/- in cash with the OP No.4, although  the OPs No. 1 to 3 were never taken Rs. 2,43,000/- for the complainant and further denied the allegation of cheating.

Upon notice, OP No. 4 appeared and tendered written statement and stated that at the time of delivery the car loan of the complainant was under process. However, the OP No.4 has only requested the complainant to make the outstanding payment of the car in question either from his own pocket or by means of finance from where the complainant has obtained the car loan for the purchase of car in question. He also stated that without getting clearance of the account department of the OP, the documents of the car cannot be issued to its customer. Even otherwise, the car in question was delivered under the instructions of the OPs No.1 & 2 and both are supposed to make the payment of the car in question as soon as possible. Further, immediately after getting the payment from the OPs No.1 & 2, i.e. Finance Company of the car in question, the OP No.4 has released all the requisite paper of the car in question to the complainant under intimation to OPs No.1 &2 and whatever amount, received by the OP No.4 from the complainant, the receipt of the same was issued & given to complainant. The OP No.4 is not concerned with the alleged amount of Rs.2,43,000/- given to the OPs No. 1 to 3. So, there is no deficiency on the part of the OPs and counsel for the Ops has prayed for dismissal of the present complaint.

3                 To prove his version complainant tendered his affidavit as Annexure C-X along with documents as annexure C-1 to C-11 and close his evidence. On the other hand, counsel for the OPs No.1 & 2 has also tendered affidavit as Annexure R-A alongwith documents Annexure R-1 to R-2 and close their  evidence.  OP No.4 has suffered a statement that written statement filed by him may be read as his evidence and closed his evidence.

4.                We have heard learned counsel for the parties and carefully gone through the case file. Counsel for Ops No.1 to 3 have draw our attention towards to Para no.9 to 11 of the complaint that as under:-

Para No. 9 That the opposite parties No.1 to 3 in connivance with each other cheated the complainant by taking of Rs. 2,43,000/- as cash but deposited only Rs.1,34,700/- with the opposite party no.4 and the further  the installment was made of Rs. 13,700/- but collect the installment from the complainant @ Rs. 14,740/-

Para No. 10 That the act and conduct of opposite parties no. 1 to 3 committed offence of cheating  and by their acts of the opposite parties no.1 to 3 deceived the complainant by taking Rs.2,43,000/- and intentionally not depositing the same with the opposite party no.4.

Para No.11 That the opposite party no.3 dishonestly received the amount of Rs. 2,43,000/- from the complainant in connivance with the opposite parties no. 1 & 2 and thus the cheated the complainant to the tune of lac of rupees.

On the perusal of the above said pleas in the above said paragraphs.  It is clear that the complainant has alleged the allegations of cheating against the OPs No.1 to 3 and also alleged that OPs No. 1 to 3 have taken amount of Rs. 2,43,000/- as cash from him but deposited only Rs. 1,34,000/- with OP No.4  and further alleged that act and conducted of OPs No. 1 to 3  committed the offence of cheating as they have usurp the rest of the money and deceived the complainant. Since, the complainant himself alleged that he has been cheated by OPs No 1 to 3 and main relief against them OPs No. 1 to 3 qua refunding/adjusting the usurp amount. Since, the complainant has specifically pleaded that he has been cheated by Ops No.1 to 3 therefore, it was for him to initiate criminal proceeding/appropriate proceedings before competent court of law instead of approaching to this Forum. It is worthwhile to mention here that the proceedings before this Forum are summarily in nature, so there is elaborating evidence is required. The complainant should have invoked the jurisdiction of criminal court instead quasi-judicial Forum to redress his grievance.

7.                Hence, in view of above discussed factual as-well-as legal position, we are of the considered view that the present complaint is hereby dismissed being not maintainable. However, the complainant is at liberty to approach at appropriate Court/forum if he so advised and in that eventuality, the period of litigation before this Forum shall not be counted towards the period of limitation for approaching appropriate court/forum.  Exemption of time spent before this Forum is granted  in terms of the  judgment of the Hon’ble Supreme Court of India in the case titled “ Laxmi Engineering Works versus PSG Industrial Institute  (1995) 3 SCC page 583 Assistant of this Forum is directed to handover original documents, if any, on the file to the parties concerned on proper receipt and verification. It is made clear that if any document has been annexured by both the parties, they can obtain the certified copy as per law. Copy of this order be supplied to both the parties free of cost.  File be consigned after due compliance.

Announced on: 26.02.2018

 

 

(PUSHPENDER KUMAR)        (ANAMIKA GUPTA)    (D.N. ARORA)

          Member                             Member                            President