BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.83 of 2016

Date of Instt. 16.02.2016

Date of Decision: 16.08.2017

Nirmal Kumar age 36 years son of Sh. Sikandar Singh resident of H.No.60, Gali No.2, Village Bulandpur, Jalandhar, Punjab-144001.

..........Complainant

Versus

Mohali Motor Sales and Finance Company now Hardeep Bhular Finance Company, Office Address G.T. Road Bye-Pass, Bidhipur, Jalandhar.

.........Opposite party

Complaint Under the Consumer Protection Act.

Before: Sh. Karnail Singh (President)

Sh. Parminder Sharma (Member)

Present: Sh. KC Malhotra, Adv and Smt. Harleen Kaur, Adv Counsels for complainant.

OP exparte.

Order

Karnail Singh (President)

1. This complaint filed by complainant, wherein alleged that the complainant purchased new Auto Passenger Diesel Piaggio Ape bearing registration No.PB-08-BU-9762, Model 2011, Chasis No.MBX0000ZFLE301407, Engine No.RID2954868 and got it financed for the purchase of new Auto Passenger Diesel Piaggio Ape through OP. As per Hire Purchase Agreement, OP advanced Rs.1,10,000/- for purchase of new Auto Passenger Diesel Piaggio Ape from Globe Motors Ltd Jalandhar. The loan amount was repayable in 35 equated monthly installments. The equated monthly installments (EMI) of the payment of the loan was worked out at Rs.4540/-, but instead the complainant was made to pay Rs.4800/- as EMI. The monthly equated installments of the payment of loan as per terms of Hire Purchase Agreement have been paid and credited and adjusted in the loan account bearing No.S-35106-TW-01 dated 01.06.2011 of the complainant but till date no statement of account of the payment made by the complainant and credited to his account has been given to the complainant despite best efforts and requests made number of times to the OPs.

2. That all the payments have been duly made in the office of the OP and the receipts for the same have been issued to the complainant by the OP. It is pertinent to mention here that as stated above a monthly installment of Rs.4800/- was being deposited by the complainant to liquidate the loan amount but there are few months in which more than Rs.4800/- have been paid to the OP. In the month of March, 2014, a total of Rs.4800/-+9600/- have been paid to finish the loan as full and final settlement. Despite all payments towards the loan having been made the OP is still asking for Rs.12,000/- over and above without any plausible rhyme and reason. That the complainant is not being handed over the NOC so as to be able to get transfer done on the RC of the vehicle into his own name. Payment of the loan installment was received by authorized employee of OP they were duty bound to enter the same in the books. Once payments have been made to and received by authorized and approved collecting agents/associates, it is deemed to have been paid to Principal, who is liable for act and omissions of the agents/associates and cannot get themselves rescued from the amount of installment, so paid by the complainant to disown their liability for acts of their agents/representative, when the payments made by the complainant evidenced by the receipts.

3. That it appears the OP has invoked Arbitration but no notice to this effect was ever received by the complainant. The complainant is unaware of any such purported arbitration proceedings, nor has OP made known to the complainant the result of any such proceedings. However, it is pertinent to mention here that the complainant has not joined any such arbitration proceedings. The present complaint is maintainable as the Act is special remedy provided under the Act with the objective of Redressal of grievances of effected consumers in expedient and non expensive manner but the OPs are pressurizing and harassing, threatening and coercing the complainant by illegally demanding more money even after the full and final payment as a matter of fact amounts remitted/paid to the OP is more then the originally settled amount to be repaid by EMI to settle the loan. OP is not handing over the NOC of the vehicle without which the RC cannot be transferred in the name of complainant, which is against the law. There is constant fear and apprehension to the complainant because of the illegal attitude of the OP. The complainant is being asked to make more payments without giving the details of alleged outstanding payment, if any which is against the principal of natural justice.

4. That the Auto Passenger Diesel Piaggio Ape in question was purchased for earning livelihood and self employment and the complainant has no other source of income and as such the complainant is consumer within the definition of the Consumer Protection Act. The complainant has visited many times OP to supply statement of loan account of the loan repaid by the complainant and also issue NOC but all in vain and as such necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OP be directed to issue clearance closure No Objection (NOC) for closure of the hire purchase due certificate with respect to amount financed to the complainant and also certificate to cancel the hire purchase hypothecation endorsement in RC Book to DTO, Jalandhar and further OP be directed to supply statement of loan account of the amount repaid and also the adjustment of the amount of installments paid and the loan account stands liquidated and closed and further OP be restrained to take forcible possession and seizure of Auto Passenger Diesel No.PB-08-BU-9762 from the custody of the complainant, his employees etc and further complainant is entitled for the damages/compensation for harassment to the tune of Rs.2,00,000/- and also entitle for litigation expenses of Rs.10,000/-.

5. Notice of the complaint was given to the OP but despite service, OP did not come present and ultimately, OP was proceeded against exparte.

6. In order to prove his case, counsel for the complainant tendered into evidence affidavit of the complainant Ex.CA alongwith some documents Ex. C1 and Ex.C2 and Delivery Challan Ex.C3, Photocopy of Insurance Cover Note Ex.C4, Photocopy of Visiting Card Ex.C5, Photocopy of Payment Receipts Ex.C6 to Ex.C29 and then complainant also summoned the employee of the OP for production of the record but Sh. Paramjit Singh, Proprietor of the OP Finance Company stepped into the witness box and suffered a statement that the record in question is not available and due to that reason, he could not produce the same and then counsel for the complainant closed the evidence.

7. We have heard the learned counsel for the complainant as well as gone through the pleadings, documents and written argument of the counsel for the complainant and also scanned the case file very minutely.

8. From the perusal of the pleading, it reveals that the factums, so narrated in the complaint are not controverted by the OP despite the factum that the OP was very much served but did not appear and ultimately OP was proceeded against exparte, then again OP was summoned as a witness and accordingly one Paramjit Singh appeared, who whenever put his signature, on the date of appearance, under the Zimni Order, described himself as proprietor of the OP Firm and even the factum in regard to pendency of this complaint came to the notice of the OP, even then the OP did not bother to contest this complaint. So, under these circumstances, we find that the claim made by the complainant remained un-rebutted and un-challenged and therefore the same is deserved to be accepted as it is.

9. The claim of the complainant is only that he purchased a vehicle having a registration No.PB-08-BU-9762 from the Auto Passenger Diesel Piaggio Ape and made a payment of Rs.1,10,000/- as down payment and remaining amount was got financed from OP, who entered into agreement of Hire Purchase and as per agreement, 35 monthly installments (EMI) have to be paid by the complainant for an amounting to Rs.4540/- but instead of that amount, the complainant paid more amount of EMI i.e. Rs.4800/- and in order to establish these things, the complainant has brought on the file the receipts Ex.C6 to Ex.C29 and further two latest receipts i.e. dated 26.03.2014 and 31.03.2014, which are Ex.C1 and Ex.C2 but despite making a payment vide last receipt Ex.C2 dated 31.03.2014, the OP has not settled the account of the complainant rather they demanded more Rs.12,000/-, which is against the agreement because the entire amount has been paid by the complainant as full and final settlement despite that the OP failed to issue the detail of alleged outstanding amount as well as NOC rather the OP is threatening to take forcible possession of the vehicle from the complainant. As the allegation of the complainant are established by the complainant through his affidavit Ex.CA, which is not controverted by the OP and thus exparte complaint of the complainant is partly accepted subject to condition that as per version of the complainant an arbitration proceeding was initiated by the OP but no notice was ever issued to the complainant but if any order in the said arbitration proceeding is to be passed even exparte then this order will have no effect, the prior order passed by the Arbitration will prevail and accordingly OP is directed to issue NOC to the complainant and also delete the endorsement of hypothecation on the RC and hand over the RC and NOC to the complainant and further OP is directed to supply statement of loan account of the complainant, after adjusting the entire amount paid by the complainant and further OP is restrained from taking forcible possession of the vehicle in question and further the complainant has suffered harassment in the hands of the OP and as such OP is directed to pay compensation to the tune of Rs.20,000/- and litigation expenses of Rs.3000/-. The entire compliance of the order be made within 30 days from the date of receiving copy of order, otherwise the OP will be liable to pay interest on the aforesaid amount of Rs.23,000/- @ 9% per annum from the date of filing complaint till realization. Complaint could not be decided within stipulated time frame due to rush of work.

10. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated Parminder Sharma Karnail Singh

16.08.2017 Member President