Haryana

Sonipat

524/2012

MAMTA DAHIYA - Complainant(s)

Versus

MANAGER - Opp.Party(s)

JATINDER KR.

16 Jun 2014

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SONEPAT.

                                                      

                                    Complaint No.524 of 2012

                                    Instituted on:17.10.2012

                                    Date of order:30.07.2015

 

Mamta Dahiya wife of Kulvinder Dahiya son of Mahender Singh Dahiya, resident of village Jharothi, tehsil Kharkhoda, distt. Sonepat and Kulvinder Dahiya son of Mahender Singh, resident of village Jharothi, tehsil Kharkhoda, distt. Sonepat.

      …….Complainants

 

                        VERSUS

 

1.Manager Tata Motors & Finance Ltd., Dalya Complex, VN East Marg, Chamoor, 6^th Floor, Mumbai-400071.

2.Parmod Verma, Regional Manager, Tata Motors and Finance Ltd., 223, Sector 12, Karnal.

3.Kapil Chandna, DMA Tata Motors and Finance Ltd. Prop. Jai Durge Finance Sonepat.

     ……..Respondents.

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

Argued by: Sh. Jitender Kumar, Adv. for complainant.

           Sh. Sukhbir Sindhu, Adv. for respondents.

            Respondent no.3 ex-parte.

 

BEFORE-     Nagender Singh, President.

            Smt. Prabha Wati, Member.

            D.V. Rathi, Member.

 

O R D E R

 

          Complainants have filed the present complaint against the respondents alleging therein that they got finance their truck with the respondent no.1 through respondent no.3 and issued post dated cheques to the respondent no.3 in favour of respondent no.1 out of their account against agreement bearing account no.5000237949. The complainant moved an application to respondent no.2 that the cheques of PNB issued to them may be returned and in alternative to take 15 cheques of Oriental Bank of Commerce and the said request of the complainants was accepted and the respondent no.2 assured to return the said cheques after recalling form Bombay Head Office.  But the complainants were astonished on finding the bank records of PNB and OBC maintained by the complainants as on 12.4.2008 the respondents presented the cheque no.612362 of PNB and withdraw Rs.37000/- out of the account and also presented a cheque in OBC and withdrawn Rs.37000/- out of their accounts.  The respondents also wrongly presented the third cheque on 22.4.2008 which was dishonoured. The respondents are only authorized to withdraw the amount of installment for a single month only whereas the respondents withdraw the amount of Rs.37000/- from PNB as well as Rs.37000/- out of the accounts of the complainants in OBC. By this illegal and malafide acts the respondents have caused unnecessary mental agony and harassment.  Complainant Kulvinder Dahiya filed a complaint before this Hon’ble Forum and after receiving the notice, the respondents sent a account payee cheque no.128331 dated 28.5.2008 for Rs.37000/-. The complainants approached the respondents and requested to refund the amounts over drawn by them and to pay compensation to the tune of Rs.75000/-, but of no use and that amounts to a grave deficiency in service on the part of the respondents. So, they have come to this Forum and has filed the present complaint.

2.        The respondents no.1 and 2 have appeared and they filed their joint reply, whereas respondent no.3 was proceeded against ex-parte.

          In reply, the respondents no.1 and 2 have submitted that loan agreement no.5000237949 dated 6.2.2008 was entered into between the complainants and respondents no.1 and 2. The said agreement was for a period of 4 years and was to be concluded on 11.1.2012.  The complainant also taken another loan vide agreement no.5000250010 for Rs.1,12,442/- for a period of 22 months to be concluded on 21.12.2009.  The complainant also took loan for the purchase of another vehicle no.HR10K/0567 for Rs.4,15,728/- which was to be paid in 36 months and the same was to be concluded on 11.2.2012.  As per terms and conditions of the agreements, full and final payment had been received and all the above said loan accounts had been terminated and NOCs in respect of the said loan accounts had been issued on 15.3.2012 and 16.3.2012 and now nothing is due against the complainants in any of the above accounts. The complainants were requested to give stop payment instructions to their bankers as swapping of cheques is a time taking process.  The amount after reconciliation was refunded to the complainants. There is no deficiency in service on the part of the respondents no.1 and 2 and thus, prayed for the dismissal of the present complaint.

3.        We have heard both the learned counsel for the parties at length and have also gone through the entire case file very carefully.

4.        In the present case, Tata Motors Finance Ltd. has issued a cheque no.128331 dated 28.5.2008 for Rs.37000/- in the name of complainant Kulwinder and there is nothing on record to show that the said cheque was got encashed by the complainant Kulwinder.  Accordingly, in our view the ends of justice would be fully met if the directions are given to the respondents to issue fresh cheque of Rs.37000/- in case the cheque no.128331 dated 28.5.2008 worth Rs.37000/- is not encashed by the complainant Kulwinder.  Accordingly, the respondents are directed to issue the fresh cheque of Rs.37000/- alongwith interest at the rate of 09% per annum from 28.5.2008 till its realization.  Further the complainants are directed to return the documents which are in their possession and are not required for any purpose, to the respondents.  The respondents are further directed to compensate the complainant to the tune of Rs.5000/- (Rs.five thousands) for rendering deficient services, for harassment and under the head of litigation expenses.

          With these observations, findings and directions, the present complaint stands disposed off.

         Certified copies of order be provided to the parties free of costs. File be consigned to the record-room.

 

(Prabha Devi-Member)    (D.V.Rathi)         (Nagender Singh-President)

DCDRF, Sonepat.      DCDRF, Sonepat.      DCDRF Sonepat.

Announced 30.07.2015