Haryana

StateCommission

A/77/2016

SARLA DEVI - Complainant(s)

Versus

MAHINDRA AND MAHINDRA FINANCE SERVICE LTD. - Opp.Party(s)

M.S.RANA

14 Mar 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA,PANCHKULA

                                                 

First Appeal No.77 of 2016

Date of Institution: 27.01.2016

                                                          Date of Decision: 14.03.2016

 

1. Smt. Sarla Devi widow of Late Sh.Pawan Kumar
2. Mohit Kumar S/o Late Sh.Pawan Kumar
3. Arvind S/o Late Sh.Pawan Kumar
4. Atul Kumar S/o Late Sh.Pawan Kumar

All residents of village Chhuchakwas, Tehsil and District Jhajjar.

     …..Appellant

                                                Versus

1.      Mahindra & Mahindra Financial Services Limited Branch Office at 19, Brass Market, Near LIC Office, Rewari through its Branch Manager.

2.      Mahindra & Mahindra Financial Services Ltd. Regional Office at 223,225,227, 2^nd floor, Ansal Chamber II, Bhikaji Cama Palace, New Delhi-66 through its duly authorized person.

         …..Respondents

 

CORAM:   Mr. R.K.Bishnoi, Judicial Member.
                   Mrs. Urvashi Agnihotri, Member.

 

Present:-    Mr.Sanjeev Roy proxy counsel for Mr.M.S.Rana, Advocate counsel for the appellant.

 

                                      O R D E R

 

R.K.BISHNOI, JUDICIAL MEMBER:

 

          Complainant alleged that he was owner of Balero Jeep bearing registration No. HR-63-A/702, which was financed by the opposite parties (O.Ps.).  He was paying installments regularly but could not pay the installments from December 2005 to January 2006 due to illness.  On 13.03.2007 the vehicle was snatched by some unknown persons.  The matter was reported to Police Station Kosli.  He requested the O.Ps. to allow him to deposit the remaining amount and to handover the vehicle, but,  O.Ps. did not pay any heed.

2.      O.Ps. filed reply controverting his averments and alleged that loan of Rs.4,20,000/- was given to him and interest was Rs.78,987/- but on the date of surrender the past amount due was Rs.47302/- and future amount due  was Rs.349584/-. Total due amount was Rs.3,96,886/-. The vehicle was surrendered and the same was sold for Rs.3,10,000/- in open auction after terminating the agreement.

3.      After hearing both the parties, learned District Consumer Disputes Redressal Forum, Rewari dismissed the complaint vide order dated 28.09.2015.

4.      Feeling aggrieved therefrom, complainant-appellant has preferred this appeal.

5.      Arguments heard.  File perused.

6.      Leanred counsel for the appellant argued that the signatures of Pawan Kumar were obtained on blank papers when loan was sanctioned and they were converted in surrender letters Ex.OP3 and Ex.OP4.  It was also argued that no notice was given before the sale, which was necessary, so it amounts to deficiency in service as opined by Hon’ble National Commission in City Bank N.A. Vs. Pardeep Kumar Patri and another 2012 (1) CLT 632. 

7.      This argument is devoid of any force.  Complainant no-where alleged that the signatures of Pawan Kumar were obtained by force or fraud. It is alleged by them that the vehicle was snatched.  This story is falsified by the surrender letters Ex.OP3 and Ex.OP4.  There is no evidence on the file to show that any fraud was played with him. Had it been so, the complainants must have got registered a case against the concerned person.  Further when the complainants surrendered the vehicle, there is no necessity of notice before sale.  The complainants cannot derive any benefit from the cited case law as this is based on different footings. When they themselves surrendered the vehicle, now it cannot be alleged that there is any deficiency in service. The findings of learned District Forum are well reasoned based on law and facts and cannot be disturbed.  Hence the appeal fails and the same is hereby dismissed in limine.

 

March 14, 2016  Urvashi Agnihotri                   R.K.Bishnoi                                      Member                                      Judicial Member                              Addl. Bench                            Addl.Bench                 

S.K.