This is a complaint filed by the complainant under the consumer protection act, against Mahindra and Mahindra and 3 others . The complainant approached the opp.party no. 3 for financial assistant for purchasing a vehicle .
The op.party agreed to grant the loan to the complainant . The said loan was availed by the complainant on 20.8.2018 vide a loan agreement with the opp.party no. 1 . The complainant alleged that the copy of the said agreement was never handed over to the complainant .
The complainant is the borrower and his father as co borrower purchased the vehicle through the said loan agreement . Opp.party no. 1 through the opp.party no. 3 lent a sum of Rs. 3,45,000/- . The complainant after paying 18 installments decided to hand over the said vehicle to the opp.party no. 3 through opp.party no.4 as the complainant was being unable to pay further installments. On 27.2.2020 opp.party no. 4 asked the complainant to sign some documents whereby an agreement was made that the said vehicle was being sold to one Jamuna Singh, the remaining 30 installments will be paid by the buyer the said Jamuna Singh. Later on, said Jamuna Singh after execution of sale agreement failed to pay the installments as per terms of the agreement.
The complainant alleges that as the said buyer was unable to pay the remaining installments , the op.parties started sending notice to the complainant for repay of entire loan amount . In this regard an arbitral Award was passed on 17.1.2022 at Kolkata against the complainant (respondent in arbitration case) whereby it is ordered that the respondents are to pay an amount of Rs.3,61,991/- together with interest @ 3% per month from 15.9.2021 till recovery.
The complainant being a layman unable to understand the situation, visited the op.party no. 3 , but having found no response from the op.party, the complainant decided to send a legal notice to the opp.party. But the complainant did not get any reply from the opp.party , the complainant filed this present complaint. The complainant has suffered loss and injury for the unfair trade practice committed by the op.party . The complainant prays a compensation of Rs. 5,00,000/- for mental agony and harassment , Rs. 10,00,000/- for compensation for deficiency of service and Rs. 50,000/-0 for cost of litigation as well as an interest @ 19% per annum from 27.2.2020.
We have heard learned counsel for the complainant as per Consumer Protection Act.2019. We have considered the definition of Consumer where it read as under
Section 2 (7) “Consumer” means any person who-
- “Buys any goods for a consideration which has been paid or promised or partly paid and partly promised , or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose : or
- Hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose. “
Apparently, the matter of dispute involved, is a contractual agreement and business matter which requires proper judicial intervention in the proper forum. The present dispute is not relating to any consumer law, as there is no question of deficiency of service or allegation of any sale of goods or unfair trade practice . As we know that financial support by any company or organization for purchasing car etc., involves documents including agreements between the parties etc. In such case the claim by either party to such transaction which need to be determined between the parties on the basis of terms and condition of the documents, is a dispute of civil nature.
As such, this is not a subject to be intervened by this commission . It requires proper judicial adjudication. Hence, we do not found any merit in the present petition and thereby, is not admitted and rejected.
