Complainant Neeraj Behl through the present complaint filed under Section 12 of the Consumer Protection Act, 1986 (for short, ‘the Act’) has prayed that the opposite party be directed to return the amount of Rs.1,69,500/- alongwith interest to him till the realization of the amount and also to return the cheques or any other relief as the Hon’ble Forum may deem fit be passed in his favour.
- The case of the complainant in brief is that previously on the same facts and figure complaint was filed before this Ld.Forum which was dismissed in default on 15.1.2016 when the case was fixed for final arguments and now he again filed this fresh complaint on the same ground. He is an unemployed person and for his livelihood he had purchased a car (Sail) of Chevrolet company having model 2013 bearing No.PB-11-BH-7141 engine No.21343, Chassis No.50096 colour white from the opposite party vide bill receipt no.581 dated 2.7.2015. The delivery of the car was made at Gurdaspur vide delivery letter no.468 dated 25.6.2015 by the opposite party. At the time of delivery he has paid Rs.90,000/- as a down payment of the total amount and paid Rs.19000/- as first installment, Rs.5000/- as a file charge, Rs.16500/- for insurance and Rs.20,000/- for the purpose of extend warranty or any other problem. After taking the possession of said vehicle he changed the tyre of vehicle in worth Rs.12,000/- and seat cover of Rs.8000/- and as such he has incurred Rs.1,69,500/- for the purchasing of abovesaid vehicle. He has next pleaded that at the time of purchasing vehicle the opposite party had promised that they will get transfer the RC in his name and also got sanctioned the loan of balance amount from Mahindra Finance Company or HDFC Bank and to this effect they have also obtained 15 blank his signed cheques and stamped the same with Mahindra Finance Company and the same cheques are still lying the custody of opposite party. On 21.8.2015 he alongwith his mother went to the office of opposite party and requested him to got sanctioned loan as agreed and also requested him to return his 15 cheques and also requested him to issue the receipt of first installment, file charges and insurance and qua other amount as referred above, but the opposite party inspite of admitting his claim forcibly and illegally repossessed his vehicle and threatened to sell the same to some other person. The matter was reported to the police but the police said that go to the Consumer Forum as they have no powers. Hence this complaint.
- Notice of the complaint was served upon the opposite party who appeared through its counsel and filed its written reply admitting therein that the previous complaint was fixed for final arguments on 15.01.2016, the counsel of the opposite party argued the case but the complainant intentionally and willfully with malafide intention to harass the opposite party and to waste the valuable time of this Forum failed to appear on 15.01.2016 as such the second complaint between same parties and is on same facts is not maintainable and the same is without any merit. It was also admitted that complainant earlier had purchased a car “Swift Dzire” bearing R.C. No.PB-10-CG-9092 Model 2008 Colour Black for consideration of rs.3,65,000/-. The complainant paid Rs.55000/- on 23.06.2015 vide receipt No.579 and the same is signed by the complainant i.e. NOT REFUNDABLE and complainant again paid Rs.40,000/- on 24.06.2016 on agreement for sale and remaining amount i.e. Rs.2,85,000/- was to be paid by the complainant from the finance company “Mohindra and Mohindera Finance Ltd.” and the same agreement is signed by the complainant as per terms and conditions of the agreement. The vehicle was delivered to the complainant on 24.06.2015 vide delivery note No.467 and same is signed by the complainant and on the same day due to rash and negligent driving by the complainant the vehicle/Car was heat up and seized near Dhariwal and on the request of the complainant the vehicle was taken by the opposite party to Garage through Sunny Motor Garage Batala Road, Gurdaspur and the Engine was repaired and overhauled by the Mechanic namely Sunny of Sunny Motor Garage Batala Road, Gurdaspur and the repair cost as Rs.35,270/- paid by the opposite party vide receipt/bill dated 6.07.2015. All other averments made in complaint have been denied and lastly prayed for dismissal of the complaint.
4. Sh.Dharminder Sagar, Special Power of Attorney of complainant tendered into evidence his own affidavit Ex.C1 alongwith other documents Ex.C2 to Ex.C5 and closed the evidence.
5. Sh.Akash, Manager Auto Leads of opposite party tendered into evidence his own affidavit Ex.OP-1 alongwith other documents Ex.OP-2 to Ex.OP-6 and closed the evidence.
6. We have carefully examined all the documents/evidence as available on the complaint records (as duly produced forth by both the litigants) along with the scope of the adverse inference that may be judicially but discretionarily drawn on account of the intentional non-production of some of the documents vital for the adjudication of the present dispute in question; of course, in the very back-drop of arguments as argued forth by the learned counsels for the two sides. We find that the complainant had first filed consumer complaint # 335/ 2015 on this very ‘cause of action’ seeking same ‘relief’ etc that was somehow ‘dismissed’ in default vide the forum’s orders dated 15.01.2016 and now he has filed the present complaint; however, we find even on the merit-side, that the dispute pertains to settlement of accounts (disputed) and also some other seriously disputed questions of fact the determination of which shall require elaborated evidences by way of lengthy examinations/cross-examinations of witnesses etc and that shall not be otherwise feasible under the prescribed ‘summary’ procedure to the applicable statute. Moreover, the present complainant did take ‘delivery’ of vehicle(s) by making small partial payments and without any definite schedule of balance substantial payments (promised to be made by other ‘finance’ arrangements etc) further ‘deteriorating’ the statutorily requisite consumer relationship to that of debtor/unpaid creditor
7. In the light of the all above, we do not find the hue of actionable merit (under the Act) in the present complaint and thus ORDER for its dismissal with however no orders as to its costs. The complainant is also set at liberty to avail himself of all legal ‘relief’ of his choice/available advice but pursued in law as per the procedure established in law.
8. Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to records.
(Naveen Puri)
President.
ANNOUNCED: (Jagdeep Kaur)
September 22, 2016 Member.
*MK*
