Haryana

Karnal

CC/195/2021

Parveen Kumar - Complainant(s)

Versus

Mahindra And Mahindra Financial Services Limited - Opp.Party(s)

Naresh Sharma

05 Apr 2021

ORDER

BEFORE THE PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

 

                                                                     Complaint No.195 of 2021

                                                                     Date of instt. 30.03.2021

                                                                     Date of Decision 05.04.2021

 

Parveen Kumar son of Shri Ajmer Singh, resident of H.No.232, Mann Colony, Kaithal Road, Karnal, age 34 years.  

                                                                             …….Complainant

                                      Versus

 

Mahindra & Mahindra Financial Services Limited, 1^st Floor, SCO No.201, near Mahila Ashram, Behind Old Bus Stand, near Hero Motor Cycle Agency, Karnal, through its authorised signatory.

                                                                             …..Opposite party.

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before        Sh. Jaswant Singh………President.        

          Sh.Vineet Kaushik ………..Member

                    Dr. Rekha Chaudhary…….Member

 

Present:     Complainant in person represented by N.K.Sharma, Adv.

                   Shri Satbir Singh, Manager on behalf of OP, represented by

Shri Dheeraj Sachdeva, Advocate.

         

                    Today the case was fixed for order on stay application.

                   Before pronouncing order, complainant appeared and suffered his separate statement to the effect that due to non-payment of installments by him, the company has taken the possession of the vehicle by the arbitration order and as on today i.e. 05.04.2021, an amount of ₹5,50,533/- is due out of which, he has ready to pay ₹3,75,000/- within four days only, and he undertakes to pay the remaining amount of defaulted EMIs alongwith subsequent EMI by 10^th May, 2021. In case of non-payment of ₹3,75,000/-, the company (OP) would have right to sell the vehicle in question. He will remain bound by the aforesaid statement. Further, in case of failure of payment of amount i.e. ₹1,75,533/- as well as subsequent EMIs, he would handover the possession of the vehicle to the company and in case of non-handing over the possession, the company would have right to to take the possession of the vehicle in question without serving any notice upon him. He further undertakes to give an additional guarantor to get released his vehicle. He will also pay the parking charges to get the vehicle released. He will withdraw all the litigations filed by him against the OP pertaining to this vehicle pending in any court of law. He will not sell out or dismantle the vehicle in question before the entire payment of loan amount.

                   On the other hand, Shri Satbir Singh, Manager Collection, Mahindra & Mahindra Financial Services Ltd appeared and suffered his separate statement to the effect that as per the statement given by the complainant they are ready to release the vehicle as per the stipulated conditions mentioned in the statement of the complainant. He further stated that award may kindly be passed, accordingly.

                   Further, complainant suffered his separate statement that in view of the statement made by Shri Satbir Singh, Manager Collection, Mahindra & Mahindra Financial Services Ltd, he withdraws the present complaint.

                   In view of statement of complainant, the present complaint is dismissed as withdrawn. Both the parties shall remain bound by their statements. Parties concerned be communicated of the order accordingly and file be consigned to the record room.

 

Announced
Dated: 05.04.2021

    President,         

District Consumer Disputes

Redressal Commission, Karnal.

 

(Vineet Kaushik)              (Dr. Rekha Chaudhary)                         

     Member                             Member