DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BARNALA, PUNJAB.

 

Complaint Case No : CC/24/2019

Date of Institution : 07.03.2019

Date of Decision : 06.01.2020

Balbir Singh aged 40 years son of Dilbagh Singh Resident of Village Manal, Tehsil and District Barnala.    …Complainant

Versus

1. M/s. India Infoline Finance Limited, 12A-10, 13th Floor, Perinea Crescendo, C-38 and C-39, G Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051 through its Managing Director.

2. M/s. India Infoline Finance Limited, 3271, 1st Floor, Desh Bandhu Gupta Road, Kaseru Walan, Paharganj Central, New Delhi-110055 through its Authorized Signatory.

3. M/s. India Infoline Finance Limited, SCO No. 163, First Floor, Sector-37A, GL Chandigarh-160036. 

…Opposite Parties

Complaint Under Section 12 of the Consumer Protection Act.

Present: Sh. Gurdarshan Singh counsel for the complainant.

Sh. Chander Bansal counsel for the opposite parties. 

Quorum.-

1. Sh. Kuljit Singh : President

2. Sh. Tejinder Singh Bhangu : Member

3. Ms. Manisha : Member

(ORDER BY KULJIT SINGH, PRESIDENT):

    The complainant namely Balbir Singh has filed the present complaint under Section 12 of the Consumer Protection Act 1986 (hereinafter referred as Act) against M/s India Infoline Finance Limited, Mumbai and others. (hereinafter referred as opposite parties). 

2. The facts leading to the present complaint as stated by the complainant are that he had got financed his truck No. PB-19-F-9187 from the opposite parties for livelihood by way of self employment and has been paying the installments regularly. He further alleged that after some time the complainant handed over his truck to his friend with the condition that he would pay the installments but he failed to pay the same, so Mr. Rajesh Manager of opposite parties impounded the truck. After that complainant made inquiries from the office of opposite parties and came to know that Rs. 1,50,000/- was due and he deposited the same on 29.11.2017 with the opposite parties and after that continuously paying the installments but the truck is in the possession of the opposite parties who have been earning income from his truck. The complainant requested the opposite parties to delivery his truck and also sent legal notice dated 10.10.2018 but to no effect. The act of the opposite parties proves deficiency in service and unfair trade practice. Hence, the present complaint is filed seeking the following reliefs.-

1) The opposite parties may be directed to pay user's charges Rs. 4,000/- per day from 29.11.2017 to 28.2.2019 amounting to Rs. 18,28,000/-.     

2) To pay Rs. 50,000/- as compensation for mental tension and harassment.

3) To pay expenses of litigation to the tune of Rs. 20,000/-.

4) Any other relief this Forum deems fit and proper. 

3. Upon notice of this complaint, the opposite parties filed written statement taking preliminary objections on the grounds of not maintainable, not approached this Forum with clean hands, abuse of process of law and complainant is not a consumer.  

4. On merits, it is admitted that the complainant had financed truck No. PB-19-F-9187 from the opposite parties but it is denied that he has been paying the installments regularly. It is submitted that the complainant alongwith Dilbagh Singh has taken a loan of Rs. 10,31,475/- for the purchase of truck bearing registration No. PB-19-F-9187 to be paid in 36 monthly installments of Rs. 37,339/- alongwith interest. At that time the complainant agreed to the terms and conditions as per the agreement bearing loan Account No. 1000100400. But after some time default was committed by the complainant in repayment of loan installments, so as per terms and conditions of the loan agreement the authorized persons of the opposite parties number of times requested the complainant to pay the installments but he did not pay the same. It is further submitted that it was agreed between the parties that in case of default by the complainant in repayment of loan opposite parties shall be entitled to take possession of hypothecated vehicle. The complainant signed the agreement after going through the contents of the same and admitting it to be correct. The complainant failed to repay the loan amount so as per agreed terms the opposite parties took the custody of vehicle as per agreed terms. It is admitted that complainant made a payment of Rs. 1,50,000/- on 29.11.2017 which was made by him against his outstanding liability. Rest of the averments of the complaint are denied. It is submitted that opposite parties sent a notice dated 24.11.2017 demanding an amount of Rs. 8,47,865/- as outstanding charges towards his loan amount but he failed to do so. Moreover the opposite parties number of times requested the complainant to pay the outstanding dues and to release his vehicle but he failed to do so. It is submitted that the vehicle is in possession of the opposite parties and they are ready to hand over the same to the complainant it he pay his total outstanding due amount. The opposite parties denied rest of the averments of the complaint and lastly prayed for the dismissal of the present complaint with costs. 

5. In support of his complaint, the complainant tendered into evidence his own affidavit Ex.C-1, copy of RC Ex.C-2, copy of Account statement Ex.C-3, copy of legal notice Ex.C-4, postal receipts Ex.C-5 to Ex.C-7, registered envelope Ex.C-8 and closed the evidence.

6. To rebut the case of the complainant, the opposite parties tendered in evidence affidavit of Mandeep Singh Ex.OP-1, copy of loan documentation Ex.OP-2, copy of letter of authority Ex.OP-3, copy of statement of account Ex.OP-4, copy of letter dated 24,11,2917 Ex.OP-5 and closed the evidence. 

7. We have heard learned counsel for the parties and have gone through the record. Written arguments also filed by the parties. 

8. It is an admitted fact that the opposite parties financed the truck of the complainant bearing No. PB-19-F-9187 from them and taken a loan of Rs. 10,31,475/- to be paid in installments of Rs. 37,339/- each. It is also admitted by the opposite parties that the custody of the vehicle is with them on the ground that complainant failed to repay the loan amount as per agreed terms. Now the main question before us what amount is due against the complainant of the opposite parties by paying of which he can get the possession of his truck ?

9. To calculate the due amount against the complainant the most important document copies of account statements of the complainant Ex.C-3 and Ex.OP-4. We have perused both these documents carefully. Both these statements were issued by the opposite parties but both these documents much different from each other as in Ex.C-3 there was balance of Rs. 3,08,629.59 on 25.2.2019 whereas in Ex.OP-4 there was balance of Rs. 1,66,226.44 on 25.2.2019. However, payments in both these account statements are the same. We are considered the account statement Ex.OP-4 for the payment purpose as the same is issued by the opposite parties so all the payments mentioned in this account statement are admitted by the opposite parties. But for other purpose like penal charges, interest charges and bounce charges both these account statements Ex.C-3 and Ex.OP-4 different from each other so we calculate the amount due against the complainant by our own view. 

10. As per copy of loan documentation Ex.OP-2 the loan of Rs. 10,31,475/- was for 36 months which was to be returned in 35 installments of Rs. 37,339/- each from 10.9.2016 to 10.7.2019 which comes to Rs. 13,06,865/-. As per account statement Ex.OP-4 which is issued by the opposite parties and admitted document of the opposite parties the complainant paid the amount of 12,72,249/- up to 11.6.2019 which is more than 34 installments of Rs. 37,339/- each i.e. Rs. 12,69,526/-. So, in our view the complainant already paid 34 installments to the opposite parties as per their own account statement Ex.OP-4. 

11. Further, as per account statement Ex.OP-4 it is also proved on the file that the complainant not made the payment of installments regularly but he has paid these installments some late than his due dates. But for this delay of some days in some installments the opposite parties debited huge amount in the account of the complainant and also have taken the custody of the vehicle of the complainant which in our view is not a legal action on the part of the opposite parties. However, in our view the opposite parties are entitled for nominal bouncing charges as charged by the bank from them  and some other charges but not for such a huge charges as debited in the account statement of the complainant Ex.OP-4 and Ex.C-3. 

12. Further, we have perused the written version and copy of letter dated 24.11.2017 Ex.OP-5 filed by the opposite parties in which they themselves admitted that they have taken the custody of the truck of the complainant in the year 2017 and after that the complainant made the payment of about Rs. 9 lacs to the opposite parties but even then they have not released the truck of the complainant which was in their possession for the last more than two years and source of income of the complainant. 

13. Further, in the account statement of complainant Ex.C-3 and Ex.OP-4 it is proved on the file that for the last two years the opposite parties debited huge amount in the account of the complainant on account of penal charges, bouncing charges and other charges whereas the truck was in the custody of the opposite parties for the last two years as admitted by them in their written version and letter dated 24.11.2017 Ex.OP-5 and as the truck was in the custody of the opposite parties for the last two years, so the complainant has lost his income from his truck. In this way, in our view as the truck is in the custody of opposite parties for the last two years so the opposite parties are not entitled for any other charges except one installment which was not paid by the complainant. 

14. In view of the above discussion we dispose of the present complaint and directed the complainant to pay the last installment of Rs. 37,339/- to the opposite parties which is full and final payment of loan amount. Further, on receipt of last installment from the complainant as full and final payment of loan amount the opposite parties are directed to hand over the possession of the truck trolla of the complainant bearing No. PB-19F-9187 immediately on receipt of last installment as mentioned above. The opposite parties are not entitled for any other charges except this last installment. Compliance of the this order be made within the period of 30 days from the date of the receipt of the copy of this order. Copy of the order be supplied to the parties free of costs. File be consigned to the records after its due compliance.

ANNOUNCED IN THE OPEN FORUM:

  6th Day of January 2020

 

 

            (Kuljit Singh)

            President

 

            (Tejinder Singh Bhangu)

Member

 

(Manisha)

Member