District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No. 534/2019.
Date of Institution: 06.11.2019.
Date of Order: 09.01.2023.
Aarif son of late Shri Natthi Khan, aged 32 year resident of House No. R-351, Gali No.2, Near Mulla Hotel, S.G.M. Nagar, NIT, Faridabad, Haryana.
…….Complainant……..
Versus
M/s. Cholamandlam Finance Limited, 5E-22, B.P., NIT, Faridabad, Haryana.
…Opposite party……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
Indira Bhadana………….Member.
PRESENT: Sh. Haris Hussain, counsel for the complainant.
Sh. Rajiv Rana, counsel for opposite party
ORDER:
The facts in brief of the complaint are that the complainant had
applied for loan to opposite party having loan agreement XUPPFBD2124548 and had obtained loan of Rs. 2,00,000/- for purchase of Maruti EECO car and opposite party sanctioned loan of Rs.2,00,000/- in favour of the complainant and accordingly he purchased Maruti EECO car. The complainant paid Rs.3,50,000/- from his pocket and purchased the said Maruti EECO car and got register the same.. The total loan was to be paid by complainant to opposite party within 3 years i.e in 36 months having installments of Rs.7,300/- per month and accordingly complainant paid first 24 installments @ 7300/- per month to opposite prty regularly. The complainant did not pay three installments after payment of 24th installments and in the month of May, 2019 opposite party forcibly snatched the said vehicle Maruti EECO car having registration NO. HR-51-BA-0792 and thereafter complainant approached n the office of opposite party to pay balance due installments alongwith penalty in the month of June, 2019 but opposite party declined the legitimate request of the complainant to hand over his Maruti EECO car after payment of necessary due payment and opposite party stated to the complainant that opposite party had disposed of the said Maruti EECO car and the amount received from selling of said Maruti EECO Car in auction had been adjusted in the loan account of the complainant and stated that they could not returned the said to the complainant because they had disposed off the said vehicle. The opposite initially ,illegally and unlawfully snatched the vehicle of complainant and thereafter without any demand notice of due amount towards the complainant and without the consent of complainant, opposite party deliberately and intentionally in order to cause damage to the complainant, opposite party disposes off the said Maruti EECO car which was against the principle of natural justice and trade usages. The complainant sent legal notice dated 05.07.2019 to the opposite party but all in vain. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) make the payment of Rs.5,50,000/- on account of cost of the Maruti EECO car alongwith interest @ 24% p.a. from the date of snatching the vehicle in question i.e. 22.5.2019 till the realization of the amount to the complainant.
b) pay Rs. 1,00,000/- as compensation for causing mental agony and harassment .
c) pay Rs.22,000 /-as litigation expenses.
2. Opposite party put in appearance through counsel and filed written statement wherein Opposite party refuted claim of the complainant and submitted that the complaint did not fall within the definition of Section 2(1)(d)(i) of the Consumer Protection Act, 1986 in any manner whatsoever. The complainant was using the vehicle make Maruti Eeco car bearing registration NO. HR-51BA-0792, for taxi business/commercial purpose, hence not fall within the definition of Consumer in any manner whatsoever he did, under the Consumer Protection Act, the complainant availed a funds facility as vehicle loan for vehicle make Maruti Eeco car bearing its registration NO. HR-51BA-0792 to the tune of Rs.2,00,000/- from the answering opposite party for which a loan agreement NO. XUPPFBD2124548 dated 30..09.2017 was duly signed and executed between the complainant and the answering opposite party. As per the terms and conditions of the said loan agreement, the complainant was to repay the above said loan amount to the answering opposite party, in 36 equal monthly installments of Rs.7300/- each and the first installment was to be paid from 28.10.2017 and the last installment was to be paid on or before 28.08.2020. After availing the funds facility the complainant always remained irregular in making the repayment of the loan amount to the answering opposite party and defaulted in installments from the very beginning. The officers of the opposite party also visited personally to the complainant and requested him to make the payment of the outstanding amount to the opposite parties, but the complainant always made excuses on ne pretext or the other. There was a huge outstanding amount due and payable by the complainant on account of installments and other overdue charges as on date. Though the answering opposite party had taken possession of the said vehicle in question as per the terms and conditions of the loan agreement and with due process of law. The answering opposite party issued presale notice dated 31.05.2019 to the complainant and requested the complainant to make the payment of outstanding dues for the release of the vehicle, but the complainant failed to deposit the outstanding amount within a stipulated period and violated the terms and conditions of the loan agreement and therefore the answering opposite party told the vehicle in question in open auction to recover the outstanding loan amount pending against the complainant and the sale proceeds of the vehicle had been adjusted in the loan account of the complainant. The complaint of the complainant was not maintainable either on facts or in the eyes of law and was liable to be dismissed as the applicant had not disclosed the actual facts before this Hon’ble Forum that the loan agreement No. XUPPFBD2124548 dated 30.09.2017 executed between the parties was having an arbitration clause and parties to the present complaint were bound by that agreement, Opposite party denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. The parties led evidence in support of their respective versions.
4. We have heard learned counsel for the parties and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite party– M/s. Cholamandlam Finance Ltd. with the prayer to: a) make the payment of Rs.5,50,000/- on account of cost of the Maruti EECO car alongwith interest @ 24% p.a. from the date of snatching the vehicle in question i.e. 22.5.2019 till the realization of the amount to the complainant. b) pay Rs. 1,00,000/- as compensation for causing mental agony and harassment . c) pay Rs.22,000 /-as litigation expenses.
To establish his case the complainant has led in his evidence, Ex.CW1/A – affidavit of Aarif, Ex.C-1 – Aadhar card, Ex.C2 – Account statement, Ex.C-3 – RC, Ex.C-4 – legal notice,, Ex.C-5 – postal receipt, Ex.C6 – Certificate cum policy schedule, Ex.C-7 – bank statement, Ex.C-8 – payment receipt.
On the other hand counsel for the opposite party strongly agitated and
opposed. As per the evidence of the opposite party Ex.RW1/A – affidavit of Shri Satish Kumar, Legal Officer and Authorized representative of M/s. Cholamandlam Investment and Finance Company Ltd., having it’s office at 5E/22, 2nd floor, BP. B.K.Chowk, NIT, Faridabad, Ex.R-1 – loan agreement, Ex.R-2 - statement of account from 30.09.2017 to 30.01.2021, Ex.R-3 - Pre sale notice,
6. In this complaint, the complaint was filed by the complainant with the prayer to make the payment of Rs.5,50,000/- on account of cost of the Maruti EECO car alongwith interest @ 24% p.a. from the date of snatching the vehicle in question i.e. 22.5.2019 till the realization of the amount to the complainant.
7. It is evident from terms and conditions of loan agreement vide Ex.R-1 the complainant was to repay the above said loan amount to the answering opposite party, in 36 equal monthly installments of Rs.7300/- each and the first installment was to be paid from 28.10.2017 and the last installment was to be paid on or before 28.08.2020. After availing the funds facility the complainant always remained irregular in making the repayment of the loan amount to the answering opposite party and defaulted in installments from the very beginning. The officers of the opposite party also visited personally to the complainant and requested him to make the payment of the outstanding amount to the opposite parties, but the complainant always made excuses on ne pretext or the other. There was a huge outstanding amount due and payable by the complainant on account of installments and other overdue charges as on date. Though the answering opposite party had taken possession of the said vehicle in question as per the terms and conditions of the loan agreement and with due process of law. As per Presale notice dated 31.05.2019 vide Ex.R-3, the opposite party requested the complainant to make the payment of outstanding dues for the release of the vehicle, but the complainant failed to deposit the outstanding amount within a stipulated period and violated the terms and conditions of the loan agreement and therefore the answering opposite party told the vehicle in question in open auction to recover the outstanding loan amount pending against the complainant and the sale proceeds of the vehicle had been adjusted in the loan account of the complainant.
8. After going through the evidence led by the opposite party, the Commission is of the opinion that no deficiency in service on behalf of the opposite party has been proved. Hence, the complaint is dismissed. Copy of this order be given to the parties concerned free of costs and file be consigned to record room.
Announced on: 09.01.2023 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
