that BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.
Complaint No.250 of 2012
Date of Instt. 17.05.2012
Date of decision: 26.02.2015
Karambir son of Sh.Surjan Singh resident of village Hari Singh Pura tehsil Gharaunda District Karnal.
……..Complainant.
Vs.
The Manager, Mahindra and Mahidra Financial Services Ltd. Backside Bus Stand(Near Taxi Stand), Karnal.
.
…..Opposite Party.
Complaint u/s 12 of the Consumer
Protection Act.
Before Sh.Subhash Goyal……..President.
Sh.Subhash Chander Sharma ……Member.
Argued by:- Sh.B.S.Kashyap Advocate for the complainant.
Sh. Vineet Rathore Advocate for the OP.
ORDER
In brief the complainant has filed the present complaint against the OP u/s 12 of then Consumer Protection Act alleging deficiency in services on the allegations that he purchased a Mahindra Tractor 265 DI Bhoomi Putra from Balaji Tractors Karnal for a sum of Rs.3,60,772/- and the same was got financed from the OP for a sum of Rs.2,43,750/-. The complainant has been paying the installments of the said financed amount commencing from 31.7.2006.It has been further alleged that upto 12.7.2010 he has paid Rs.3, 60,772/- and as per statement of account nothing remains to be due towards the complainant. The complainant approached the OP and requested to issue NOC but the OP stated that Rs.15, 000/- still remains to be paid by the complainant which is illegal and amounts to deficiency in services on the part of the OP. Thus, alleging deficiency in services, the complainant has filed the present complaint against the OP and has prayed that the OP be directed to issue the NOC and compensation for the harassment caused to him and the litigation expenses. The complainant has also tendered his affidavit, copy of postal receipt Ex. C3, copy of legal notice Ex.C4 and copy of the statement of accounts Ex.C5 and Ex.C6.
2. On notice the OP appeared and filed written statement raising the preliminary objections that the complaint was not maintainable and that this Forum has got no jurisdiction to entertain and to try the present complaint.
On merits issuance of the loan to the complainant has not been denied by the OP. It was contended that the complainant has failed to maintain the financial discipline and has not paid the most of the installments in time. It was also contended that the complainant paid the financed amount belatedly and accordingly the answering OP has withheld the NOC on account of non deposition of AFC amount to the tune of Rs.26,538/- Thus, it was contended that there was no deficiency in services on the part of the OP and dismissal of the complaint has been sought.
3. We have heard the learned counsel for the parties and have gone through the case file very carefully.
4. Therefore, after going through the facts and circumstances of the case, evidence on the file and the arguments advanced by the learned counsel for the parties, it emerges that the complainant had purchased a Mahindra Tractor 265 DI Bhoomi Putra from Balaji Tractors Karnal for a sum of Rs.3,60,772/- and the same was got financed from the OP for a sum of Rs.2,43,750/-. The complainant has been paying the installments of the said financed amount commencing from 31.7.2006.It has been further alleged that upto 12.7.2010 he has paid Rs.3, 60,772/- and as per statement of account nothing remains to be due towards the complainant. The complainant approached the OP and requested to issue NOC but the OP stated that Rs.26538/- still remains to be paid by the complainant.
5. The complainant has attached incomplete statement of accounts in order to mislead the Consumer Forum whereas the OP has attached statement of accounts Ex.OP/B showing the balance outstandings against the complainant and as per the said statement of accounts a sum of Rs.26538/- has been shown pending against the complainant on account of late deposition of repayment of installments. Therefore, keeping in view the circumstances of the case and to meet the ends of justice it is ordered that there was no d efficiency in services on the part of the OP. However, the OP shall issue the NOC subject to clearance of all pending dues against the complainant. The present complaint is hereby disposed off accordingly. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.
.
Announced
dated: 26.02.2015
(Subhash Goyal)
President,
District Consumer Disputes
Redressal Forum, Karnal.
(Subhash Chander Sharma)
Member.
Karambir Versus Mahindra & Mahindra.
Argued by:- Sh.B.S.Kashyap Advocate for the complainant.
Sh. Vineet Rathore Advocate for the OP
Arguments heard. For orders, the case is adjourned to 26.2.2015.
Announced
dated: 25.02.2015
(Subhash Goyal)
President,
District Consumer Disputes
Redressal Forum, Karnal.
(Subhash Chander Sharma)
Member.
Argued by:- Sh.B.S.Kashyap Advocate for the complainant.
Sh. Vineet Rathore Advocate for the OP
Vide our separate order of the even date, the present complaint has been disposed off. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.
Announced
dated: 26.02.2015
(Subhash Goyal)
President,
District Consumer Disputes
Redressal Forum, Karnal.
(Subhash Chander Sharma)
Member.
