Punjab

Sangrur

CC/874/2015

Jasvir Singh - Complainant(s)

Versus

Mahindra and Mahindra - Opp.Party(s)

In Person

03 Jun 2016

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                                                                    

         

                                                                    Complaint no. 874                                                                                               

                                                                    Instituted on:  24.08.2015

                                                                    Decided on:    03.06.2016

 

Jasvir Singh aged about 43 years son of Shri Gurnam Singh resident of village  Sukhpura Maur, Tehsil Tapa, District Barnala.  

                                                …. Complainant.      

               

                                         Versus

 

1.     Mahindra and Mahindra Finance Limited, Branch Office: 2nd Floor, Opposite Patwarkhana, Bus Stand Road, Sangrur through its Branch Manager.

 

2.     Sunil Mehta, Branch Manager, Mahindra and Mahindra Finance Limited, Branch Office: 2nd Floor, Opposite Patwarkhana, Bus Stand Road, Sangrur.  

      ….Opposite parties.

 

 

FOR THE COMPLAINANT:      Shri H.S.Bhangu, Advocate                          

 

FOR THE OPP. PARTIES  :          Shri  Naresh Juneja, Advocate                     

 

 

 

Quorum

         

                    Sukhpal Singh Gill, President

K.C.Sharma, Member

Sarita Garg, Member

                            

 

 

 

 

ORDER:  

 

K.C.Sharma, Member

 

1.             Jasvir Singh complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that he got financed one XYLO car  from the OP No.1  by getting  an amount of Rs.6,00,000/- as loan on interest and loan was to be repaid in 47 equal monthly installments of Rs.16350/- .  The complainant regularly deposited 38 monthly installments with OP No.1.  On the assurance of OP no.2, the complainant handed over the possession of the said vehicle alongwith its keys to OP No.2 and the OP No.2 told the complainant that they will sell the vehicle. Thereafter the complainant number of times requested the OPs and inquired about the selling of his vehicle but every time  the OPs put off the matter on one pretext or the other. On 21.08.2014, the OP No.1 disclosed that they sold the vehicle and also told the complainant to come 2/3 months for collection of balance amount.  In November 2014, the OP No.1 issued  a cheque bearing number 046970 dated 17.11.2014  of Rs.86,733/- to the complainant. Thereafter after going through the account statement the complainant came to know that an amount of Rs.1,41,350/-  is due towards the OP No.1. Thereafter the complainant number  of time requested the OP no.1 to release the balance amount but all in vain. Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:- 

i)      OPs be directed to  release the amount of Rs.1,41,350/- alongwith  interest  @18% per annum from the date of selling  of his vehicle  till realization,

ii)     OPs be directed to pay to the complainant a sum of Rs.50000/- as compensation   on account of mental agony, harassment and to pay Rs.11000/- as litigation expenses.

2.             In reply filed by the OPs, it is stated that as per record the complainant deposited 38 installments with the OPs and he further failed to deposit the same.  On 18.04.2014 the complainant handed over the vehicle to the OPs and he promised that he will pay the balance amount after the sale of the vehicle in question if any recovery will be arise against him  and the complainant flatly refused to deposit the outstanding amount of Rs.1,90,000/- with the OPs. The complainant handed over the possession of the vehicle on 18.04.2014 to the OPs and the OPs parked the vehicle in question on 14.08.2014. The vehicle was sold by the OPs for Rs.3,26,000/- . At the time of sold the vehicle Rs.2,39,267/- (Rs.1,46,250/- EMI + Rs.70642/- penalty/AFC + Rs.10,000/- repossession charges + Rs.11875/- parking charges + Rs.500/- cheque bonus charges, total Rs.2,39,267/-) was due / outstanding  against the complainant.  Thereafter the complainant was informed to receive  the balance amount  of Rs.86,733/- from the OPs but he failed to receive the same. After that the OPs  issued a cheque bearing number 046970 dated 17.11.2014 of Rs.86733/- in favour of the complainant which was received by the complainant. Thus, there is no deficiency in service on the part of the OPs.  

3.             The complainant has tendered documents Ex.C-1 to Ex.C-4 and closed evidence. On the other hand, OPs have tendered documents  Ex.OP-1 to Ex.OP-6 and closed evidence.

4.             Admittedly the complainant got financed his XYLO car  from the OP No.1  by  getting an amount of Rs.6,00,000/- as loan and the same was to be repaid in 47 equal monthly installments of Rs.16350/-.  It is also not disputed on record that the complainant deposited 38 installments.  The opposite parties have admitted that the complainant handed over the possession of the vehicle on 18.04.2014  and same  was  sold  by the OPs for an amount of Rs.3,26,000/-. The OPs have specifically stated in their written reply that at the time of selling the vehicle an amount of Rs.2,39,267/- (Rs.1,46,250/- EMI + Rs.70642/- penalty/AFC + Rs.10,000/- repossession charges + Rs.11875/- parking charges + Rs.500/- cheque bonus charges, total Rs.2,39,267/-) was due / outstanding  against the complainant which was deducted from the vehicle selling amount and the balance amount  of Rs.86,733/- was paid to the complainant through cheque bearing number 046970 dated 17.11.2014 which was received by the complainant. On the other hand, the complainant's case is that after going through the account statement he came to know that an amount of Rs.1,41,350/-  has been wrongly deducted by the OPs.

5.             After going through the documents placed on record  and having heard the arguments on behalf of both the parties, we feel that since the vehicle was in the possession of the OPs since 18.04.2014, it is  the responsibility of the Ops to keep it anywhere.  In the present case , when the OPs  have charged repossession charges of Rs.10,000/-  from the complainant  and had taken possession of the vehicle  then they cannot take benefit of 3%  pre-closure charges and neither  the OPs can  take the benefit of the penalty charges of 3%  when the vehicle  is in their possession  and they have not issued any notice  and neither the same has been placed on record  which is contrary to the terms and conditions of the agreement Ex. OP-6.  It is mandatory as per agreement Ex.OP-6  to write a notice to the borrower in this regard.

6.             In view of the above discussion, we find that the OPs are only entitled to deduct Rs.1,46,250/- as EMI and Rs.10,000/- as repossession charges and Rs.500/- on account of cheque dishonour charges but not entitled to deduct Rs.70642/-  as penalty/ AFC and Rs.11875/- as parking charges which they have already deducted. So, the OPs are not entitled for any other charges on account of delayed payment when they have already claimed repossession charges and as the vehicle was in their possession it was  their duty to keep the same parked whereever they liked and neither they have any claim on the penal interest after taking the possession of the vehicle. The OPs cannot burn the candle from both ends.   Accordingly, we partly allow the complaint of the complainant  and direct the OPs to refund an amount of Rs.82517/-  ( Rs.70642/- penalty /AFC plus Rs.11875/- parking charges) along with interest @9% per annum from the date of filing of the complaint till realization. We further direct the OPs to pay an amount of Rs.10,000/- being consolidated amount of compensation on account of mental pain, agony, harassment and litigation  expenses.

7.             This order of ours shall be complied with within 30 days from the receipt of copy of the order.  Copy of the order be supplied to the parties free of charge. File be consigned to records in due course.

                Announced.

June 3, 2016.

 

 

 

 

               ( Sarita Garg)        ( K.C.Sharma)           (Sukhpal Singh Gill)                                                                    

                Member                 Member                          President

 

BBS/-