Haryana

Bhiwani

CC/189/2020

Naveen Grewal - Complainant(s)

Versus

Megma Finance. - Opp.Party(s)

Naveen Grewal

28 Nov 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

CONSUMER COMPLAINT NO.    189 of 2020

                                    DATE OF INSTITUTION:                 11.12.2020

                                                DATE OF ORDER:                            28.11.2023

 

Naveen Grewal son of Sh. Baljit Singh R/o village Bamla Tehsil and District Bhiwani.

 

            ……Complainant.

 

Versus

 

1.         Magma Finance Company, 2^nd Floor opposite Women College, Near Hansi Gate, Bhiwani.

 

2.         Head Office, Magma Finance Company 24, Park Street, Kolkata, West Bengole-700016.

….. Opposite Parties.

 

COMPLAINT U/S 35 OF CONSUMER PROECTION ACT, 2019.

 

 

BEFORE:        Mrs. Saroj Bala Bohra, Presiding Member

Ms. Shashi Kiran Panwar, Member

 

Present:-        Mrs. Reena Sharma, Advocate for complainant.

          OP exparte.

 

ORDER:

 

Saroj Bala  Bohra, Presiding Member:

 

1.                     Brief facts of this case are that complainant is registered owner of vehicle bearing regn. No.HR-69C-0321.  He approached the OP No.1 for a loan vide number PG/0428/F/18/000214  but the loan amount of Rs.2,45,000/- not credited to his account at SBI Bank Branch Ghanta Ghar, Bhiwani.  OP company gave form No.34 for hypothecation entry in the registration certificate. Complanant contacted the Ops and they apprised that loan has been cancelled and now he need not to pay any charges/amount for the said loan.  However, as per complainant, Rs.11140/- debited by the OPs from his said bank account  in the month of January 2020.  Complainant brought this fact in the knowledge of OP No.1, who assured that the deducted money will be refunded. However, thereafter also, in the month of February, March, June and August 2020, a sum of Rs.44560/- also deducted by the OPs from his bank account.  Complainant has alleged that on 04.12.2020, he alongwith his family members was going to village Dholna District Kasgang, U.P.  for a marriage ceremony where OP Company’s employee stopped his vehicle and taken away it from them for want of loan amount.  Complainant informed PCR, it recorded even No.P-04122020/05648. Thereafter, complainant  arranged another vehicle and reached the marriage place. Complainant has averred that the act & conduct of OPs  has caused him monetary loss as well as mental and physical harassment. Hence, the present complaint has been preferred by complainant seeking directions to OPs to pay Rs.55,700/- alongwith interest @ 18% per annum till the date of actual payment. Further to pay Rs.20,000/- as comepnation for harassment, Rs.7000/- as litigation expenses and Rs.2000/- as cost for arranging another vehicle to reach the destination. Any other relief, to which this Commission deems fit, may also be awarded.  

2.                     Ops did not bother to appear despite registered notices, as such, they were proceeded against exparte vide order dated 18.02.2021.

3.                     In evidence of complainant, affidavit Ex. CW1/A of complainant alongwith documents Annexure C-1  & Annexure C-2 were tendered and closed the evidence on 03.02.2023.

4.                     We have heard learned counsel for complainant and gone through the record carefully.

5.                     Complainant to prove his case has placed on record his bank account statements Annexure C-1  whereby it is proved on record that the alleged amounts have been deducted by the OPs from the bank account of complainant. Perusal of copy of registration certificate (Annexure C-2) of the vehicle reveals that the vehicle is hypothecated to Magma Fincop Ltd.  Ld. counsel for complainant has argued that the hypothecation entrty in the RC  of the vehicle has been made at the instance of  OP company that thereafter loan  amount will be disbursed to him. During the course of arguments, learned counsel for complainant has also placed on record a copy of  complaint against the OPs made by complainant to S.P. Bhiwani which taken on record as (Mark-A).  The complainant to strengthen his case has placed on record duly sworn affidavit dated 11.02.2022, in original, which taken on record as Mark-B, corroborates the version of the complaint.  We have gone through these documents. In view of the documents referred above as well as the fact that Ops did not defend their case as they remained exparte from the proceedings despite issuance of notices.  In such a situation, we have no option except to believe the version of complainant.  In totality of the facts and circumstances of this case, we are of the view that the OPs have adopted unfair trade practice which dragged the complainant into this unwarranted litigation and due to their negligent behavior, complainant must have suffered monetary loss as well as mental agony and physical harassment.  As such, the complaint is allowed and OPs, jointly and severally, are directed to comply with the following directions within 40 days from the date of passing of this order:-

(i)        To refund Rs.55,700/- (Rs.Fifty five thousand seven hunded) to the complainant alongwith simple interest @ 9% per annum from the date of filing of this complaint till its actual realization.

(ii)       To get deleted the entry of hyptothecation in Registration Certificate of the vehicle from concenrd registering authority.

(iii)      To pay a sum of Rs.20,000/- (Twenty thousand) to the complainant as compensation for harassment.

(iii)      Also to pay a sum of Rs.55,00/- (Rs.Five thousand five hundred) as litigation expenses.

                                                                       

                        In case of default, the OPs shall liable to pay simple interest @ 12% per annum on all the aforesaid awarded amounts for the period of default. The complaint is allowed accordingly.  Certified copies of this order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.     

Announced.

Dated:28.11.2023.

 

 

(Shashi Kiran Panwar)                    (Saroj Bala Bohra)

                                                       Member                           Presiding Member

District Consumer

Disputes Redressal

Commission,Bhiwani

 

 

Present:-        Mrs. Reena Sharma, Advocate for complainant.

          OP exparte.

 

                    Arguments heard.  Vide our separate detailed order of even date, the present complaint stands allowed.  File be consigned to the record room after due compliance.

                  

Dated: 28.11.2023                   Member                     Presiding Member,

                                                                                    District Consumer Disputes

Redressal Commission,                      Bhiwani.