BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 36 of 2011
Date of Institution : 7.2.2011
Date of Decision : 25.5.2016
Bhim Raj Sinwar son of Sh.Chuni Lal, r/o 41 Anaj Mandi, Ellenabad, distt. Sirsa.
….Complainant.
Versus
- Managing Director, Magma Leasing Ltd., Magma House 24, Park Street, Kolakatta-700016.
- Magma Leasing Ltd., Branch Office, S.C.O. 317,318, Sector 35-B, Chandigarh-160022.
- Magma Leasing Ltd., Branch Office at Dabwali Road, Opp. Maruti Show Room, Sirsa, tehsil and distt.Sirsa.
..…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI S.B.LOHIA…………………PRESIDENT
SHRI RAJIV MEHTA……….……MEMBER.
Present: Sh.Anoop Sinwar, Advocate for the complainant.
Sh.Sourabh Nagpal, Advocate for opposite parties.
ORDER
Case of complainant, in brief, is that he is owner of the car, which was purchased by him through loan facility from Op no.3 after getting completed all the formalities. Ops no.1 and 2 got sanctioned the loan vide proposal no. PG/0040/C03/000177 and Ops/company obtained blank signed cheque from the complainant bearing serial nos. 332341 to 332351 payable at State Bank of India Branch at Ellenabad in the name of Magma Leasing Ltd. But, the said blank signed cheques were misplaced by the Op-company and the matter in this regard was reported to the Police Station, Sector-36, Chandigarh. Thereafter, on the request of Ops, complainant again gave another signed cheques in favour of Op as a security against the said loan amount. Now, the complainant has deposited and cleared the loan amounts and nothing is outstanding against him, but neither he has been issued “No Due Certificate” nor the said blank signed cheques have been returned, despite repeated requests. Hence, the present complaint for issuance of “No Dues Certificate and for return of all the blank signed cheques alongwith compensation for harassment, humiliation and litigation expenses etc.
2. The opposite parties have filed its reply by pleading that the relationship between the complainant and opposite party is pursuant to contract entered into between them. As per clause of the Agreement, all disputes, differences, claims and questions whatsoever arising out of this Agreement shall be referred to Sole Arbitrator. Moreover, the dispute between the parties is money dispute and thus, this Forum has no jurisdiction to entertain the present complaint. Further, it is pleaded that the complainant is still defaulter as he has not paid Delay Payment Charges as per terms and conditions of the agreement. The relationship of complainant and Ops are governed by Hire Purchase Agreement and thus, the complainant cannot be termed as Consumer under the Consumer Protection Act. It is further alleged that the Op is incorporated as a public limited company under the Companies Act, 1956 and having its registered office at “Magma House:, 24, Park Street, Kolkata-700016 and its operations are subject to guidelines and regulations of Reserve Bank of India. Furthermore, the signatures on blank papers and cheques are allegations of serious kind, which refer the parties to civil court. Remaining averments have also been denied.
3. In order to make out his case, the complainant has placed on record Ex.C1-his own supporting affidavit; Ex.C2 to Ex.C4-postal receipts; Ex.C5 and Ex.C16-copy of registration of vehicle; Ex.C6 and Ex.C7-acknowledgements; Ex.C8-copy of DDR no.31; Ex.C9-legal notice; Ex.C10-request regarding lodging DDR; Ex.C11-summary of details of loan; Ex.C12-postal receipt; Ex.C13 and Ex.C15- acknowledgements; Ex.C14-registered envelope
4. In reply thereto, opposite parties have placed on record Ex.R1-supporting affidavit of Sh.Naveen, Legal Manager; Ex.R1/A-vehicle loan-cum-Hypothecation Agreement.
5. We have gone through the record of the case carefully and have heard learned counsel for both the parties.
6. There is no dispute before us that complainant purchased the car by taking loan facility of Rs. 4,00,000/- (rupees four lacs) from opposite parties no.1 and 2. There is also no dispute between the parties that the said loan was to be returned by the complainant to the opposite parties alongwith accrued interest in 12 equal monthly instalments. It is admitted fact that the last date of instalment was 31.10.2005. From the perusal of letter Ex.C10 written by opposite parties to the Police Station, Chandigarh, it is clear that the opposite parties obtained 11 cheques bearing nos. 332341 to 332351 payable at State Bank of India, Ellenabad and the said cheques were misplaced from the Regional office of opposite parties. In our view, the plea of the opposite parties that this Forum has no territorial jurisdiction to entertain the present complaint is not tenable in the eyes of law because the said loan amount was to be returned to the complainant alongwith accrued interest. Further, from bare perusal of Ex.C11, which statement of account, it is clearly proved that total amount of Rs.416004/- has been debited and received from the account of complainant. This document also shows that the complainant paid the whole amount till 1.10.2005 instead of 31.10.2005. When the opposite parties have received the said whole amount by way of blank signed cheques, then what delay amount Rs.55979 is balanced towards the complainant. The missing of cheques is fault on the part of the opposite parties and not on the part of the complainant. The There is nothing on record to prove or to presume by the opposite parties that on what account, said delay amount has been shown especially when already signed blank cheques were obtained by the opposite parties.
7. Keeping in view the abovesaid discussion, we reached at the conclusion that the opposite parties are not liable for any delay amount rather the complainant is entitled for “No Due certificate’ from the opposite parties.
8. Resultantly, this complaint is hereby allowed, with a direction to the opposite parties, to issue “No Due Certificate” to the complainant. The complainant is also hereby allowed compensation Rs.5,000/- for his harassment, humiliation, mental agony etc. and litigation expenses of Rs.2000/-. Compliance of this order shall be made within 30 days from the date of receipt of copy of this order. File be consigned to record room after due compliance
Announced in open Forum. President,
Dated: Member. District Consumer Disputes
Redressal Forum, Sirsa.
