DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,<br /> BATHINDA (PUNJAB)<br /> <br /> CC. No. 119 of 26-05-2009<br /> Decided on : 06-10-2009 <br /> <br /> Govind alias Gobind Singh aged about 37 years S/o Sh. Hardial Singh, R/o Village Malla, Tehsil & District Faridkot.<br /> .... Complainant<br /> Versus<br /> <br /> 1.Magma Leasing Limited Branch, Bathinda above City Centre, near Tinkoni, G.T. Road, Bathinda, through its Branch Manager.<br /> 2.Magma Leasing Limited Regd. Office 24 Park Street, Kolkata 700 016 through its Managing Director<br /> <br /> ... Opposite parties<br /> <br /> Complaint under Section 12 of the Consumer Protection<br /> Act, 1986.<br /> <br /> QUORUM <br /> <br /> Sh. George, President<br /> Sh. Amarjeet Paul, Member<br /> <br /> For the Complainant : Sh. Jasvir Singh, Advocate, counsel for the complainant<br /> For the Opposite parties : Sh. Jaswinder Singh, Advocate,<br /> counsel for the opposite parties. <br /> <br /> O R D E R<br /> <br /> GEORGE, PRESIDENT<br /> <br /> 1. The complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 (here-in-after referred to as 'Act') against the opposite parties with the allegations that he purchased Truck Tata LPT/2213 A/56 bearing registration No. RJ-31G-0030 after obtaining a loan of Rs. 1,75,000/- from opposite party No. 1 which is being governed by opposite party No. 2 being registered and corporate body. The loan was required to be paid in 22 monthly installments as per schedule which infact started w.e.f. 01-03-2006. He paid all the monthly installments as per schedule to opposite party No. 1 having its branch office at Bathinda. He made the final payment as per schedule of installment on 08-12-2007. After making repayment of the installments, he asked the opposite parties to issue 'No due certificate' in Form No. 35-A as per the requirements of the Act, but the opposite parties have not issued the same for the reasons best known to them. He has claimed the amount of Rs. 50,000/- as compensation on account of inaction of the opposite party in issuing 'No due certificate' and also sought appropriate directions to the opposite parties to issue 'No due certificate/No objection certificate and also to pay an amount of Rs. 10,000/- as cost of this forced litigation.<br /> 2. The complaint is resisted by the opposite parties by filing a joint reply raising inter-alia preliminary objections that being a money dispute, this Forum has no jurisdiction to entertain and try the complaint and that the complainant has not come before this Forum with clean hands as he has concealed many important and material facts and therefore, the complaint deserves dismissal.<br /> On merits, while denying the allegations raised by the complainant, it has been pleaded that the loan was granted to the complainant which was required to be paid in installments on monthly basis. However, the complainant has not made the payment of installments on the dates fixed as per schedule. He has delayed the payments as per details given in para No. 3 of the reply and due to various defaults and delay made by him in making payment of installments, an amount of Rs. 25,809.74 has accrued as interest as on 13-07-2009 on account of delay period charges (DPC). The complainant has suppressed this material fact and has not come before this Forum with clean hands.<br /> 3. In support of his averments contained in the complaint, the complainant has produced in evidence his two affidavits Ex. C-1 & Ex. C-2, photocopy of R.C. of vehicle Ex. C-3, photocopy of repayment schedule Ex. C-4 and photocopies of cash receipts Ex. C-5 to Ex. C-24.<br /> 4. To controvert the evidence of the complainant, the opposite parties produced in evidence affidavit of Sh. Rajiv Jindal, Legal Officer Ex. R-1. Photocopies of account statements Ex. R-2 to Ex. R-3, photocopy of power of attorney Ex. R-4 and photocopy of Hire Purchase Finance Agreement Ex. R-5.<br /> 5. We have heard learned counsel for the parties and have gone through the entire record of the case very carefully.<br /> 6. The learned counsel appearing on behalf of the complainant during the course of arguments first raised legal authenticity of Ex. R-4 & Ex. R-5 and he vehementally argued that both the documents are not properly and legally proved. Authenticity of these two documents as well as the execution of the same is not legally proved. He also contended that the Legal Officer who has signed reply on behalf of the opposite parties is not authorised person to file reply on behalf of the opposite parties and as such, the authenticity of all these documents is to be proved in accordance with law and thereafter the same can be taken into consideration.<br /> 7. We have considered the arguments advanced by the learned counsel for the complainant. No doubt that the photocopies of the documents have been tendered in evidence as Ex. R-4 & Ex. R-5 and the original documents are not produced before this Forum. Even Legal Officer whose affidavit has been filed as Ex. R-1 is not appeared before this Forum. The legal points raised by the learned counsel for the complainant can only be resolved if the parties are afforded an opportunity to lead elaborate and detailed evidence which is not possible in summary fashion. In this view of the matter, we get support from the observations of the Hon'ble Supreme Court in the case Synoo Industries Vs. State Bank of Bikaner & Jaipur & Others I(2002) CPJ 16(SC) wherein it has been held that “Detailed evidence to be led. Case cannot be disposed of in a summary fashion. National Commission rightly gave liberty to appellants to move Civil court.” Hence, we are of the view that legal points involved in this case cannot be decided by this Forum in summary fashion and accordingly, we dismiss the complaint leaving the parties to bear their own costs. However, the complainant is at liberty to go to civil court or any Forum, if so advised. <br /> Copy of this order be sent to the parties concerned and the file be consigned.<br /> Pronounced :<br /> 06-10-2009 <br /> <br /> (George)<br /> President<br /> <br /> <br /> <br /> (Amarjeet Paul)<br /> Member <br />