DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANSA. Complaint No: 101/24.07.2008 Decided on : 26.12.2008 Baldev Singh S/o Sh. Hargagan Singh, resident of Ward No.7, Tibba Colony, Lalluana Road, Mansa. ..... Complainant. VERSUS M/s Janu Finance Company, Mansa through Sh.Ramesh Kumar S/o Sh.Mangat Ram, Managing Director, Janu Finance Company, Near Gurudwara Chowk, Mansa. ..... Opposite Party. Complaint under Section 12 of the Consumer Protection Act, 1986. ..... Present: Sh. A.P.S.Sidhu,Advocate counsel for the complainant. Sh.P.K.Jindal, Advocate counsel for the opposite party. Before: Sh.P.S.Dhanoa, President. Sh.Sarat Chander, Member. Smt.Neena Rani Gupta, Member. ORDER:- Sh.P.S.Dhanoa, President. This complaint has been filed by Sh.Baldev Singh s/o Sh.Hargagan Singh, resident of Tibba Colony, Lalluana Road, Mansa, under Section 12 of the Consumer Protection Act, 1986 (in short called the 'Act'), on the averments, which may, briefly be described as under: 2. That on 25.9.2004, the complainant, got financed his truck, Tata L.P., bearing registration No.HR/56/0884, from the opposite party, for a sum of Rs.85,000/-. The amount of finance, was to be refunded, by the complainant, in 24 monthly installments, in the sum of Rs.4820/-, each. At the time of securing of loan, the opposite party, secured signatures /thumb Contd........2 : 2 : impressions, of the complainant, on stamp papers and cheques. The entry, regarding the hire-purchase agreement, was also incorporated, in the Registration Certificate, of the truck, of the complainant. On 24.10.2004, the complainant paid first installment, of loan and on 18.01.2007, he paid 23rd installment and approached the opposite party, for deposit of last installment, and requested, for issuance of clearance certificate, and return of documents, and blank cheques. He also requested the opposite party, for cancellation, of entry made in the Registration Certificate, of the truck, regarding hire-purchase agreement. The Manging Director, of the opposite party, Sh.Ramesh Kumar, demanded a sum of Rs.62,000/-, and told the complainant, that he would issue the Clearance Certificate, and return the documents, after payment of the said amount. The complainant told him, that earlier also, he has secured loan, for the trucks bearing No.HYC-7488 & PAT-2655, but no extra amount, was demanded, by the opposite party, at that time. He also requested the opposite party, that as he has not committed any default, in payment of installment, and is willing, to pay the amount of last installment, as such, the opposite party, should accept the amount and issue the clearance certificate, and return the documents, but, he failed to oblige. The complainant has suffered mental and physical harassment, due to non acceptance of last installment of loan, by the opposite party, and on account of non-refund of his blank cheques and documents. As such, there is deficiency in service, on the part of the opposite party, for which he is liable, to pay him compensation, in the sum of Rs.50,000/-, in addition to costs of litigation. As the opposite party, has failed, to accede, to the demands, of the complainant, despite several requests, made by him. Hence this complaint. 3. On being put to notice, opposite party filed written version, resisting the complaint, by taking preliminary objections; that this Forum has no jurisdiction, to entertain and try the complaint, because, the complainant is not a consumer, under the opposite party; that no cause of Contd........3 : 3 : action, has accrued, in favour, of the complainant, to file the complaint, because, the opposite party, has never refused, to accept the last installment, from him, and has not demanded ,any additional amount. On merits, it is admitted, that complainant got financed, his truck, from the opposite party, and agreed, to refund the amount, of loan, in 24 installments, in the sum of Rs.4,820/- each. It is not denied, that signatures/thumb impressions, of the complainant, were secured, on cheques, at the time, of advancement of loan or, that entry, was made, in the Registration Certificate, of his truck, regarding hire-purchase agreement, for financing the truck. However, it is also denied, that the complainant approached, the opposite party, for deposit of 24th installment of loan, or that opposite party, demanded extra payment, in the sum of Rs.62,000/-. It is submitted that, a false version, has been concocted, by the complainant and, has been placed before this Forum. It is contended that, if the complainant deposits the 24th installment of loan, then the opposite party, would issue, the clearance certificate forthwith. It is submitted that, no act has been done, by the opposite party, because of which, the complainant, might have suffered, physical and mental harassment. Rest of the allegations, made in the complaint, have been denied, and a prayer has been made, for dismissal of the same, with costs, in the sum of Rs.5,000/-. 4. On being called upon, by this Forum, to do so, the complainant, tendered in evidence, his affidavit Ext.C-1, and copies of documents Ext.C-2 and C-3. On the other hand, learned counsel for the opposite party has tendered, affidavit of Sh.Ramesh Kumar, Ext.R-1 and closed evidence. 5. We have heard the learned counsel, for the parties and gone through, the oral and documentary evidence, adduced on record, by the parties, carefully, with their kind assistance. 6. To begin with, Sh.A.P.S.Sidhu, Advocate, learned counsel for Contd........4 : 4 : the complainant, has submitted that the complainant need not incur expenditure, in filing the complaint, had there been no refusal, on the part, of the opposite party, to accept the last installment, from him, and to demand extra money. Learned counsel argued that, it is not denied, by the opposite party, that complainant, has never committed default in payment, of any installment of loan, as such, the opposite party, was not justified, in withholding of Clearance Certificate and, to refuse, to return the blank cheques, and documents, secured from the complainant, at the time of advancement of loan, after receipt of amount of last installment, from the complainant. Learned counsel argued, that complainant, has suffered mental and physical agony, due to conduct of the opposite party, as such, he is liable, to be compensated, for the same and for payment of amount spent by him, for filing the instant complaint. 7. On the other hand, Sh.P.K.Jindal, Advocate, learned counsel for the opposite party, has contended that opposite party, in his affidavit, has submitted, on solemn affirmation, that the complainant never approached him, for refund, of last installment and he never refused, to issue Clearance Certificate, on payment thereof, but the complainant, has filed the complaint, to achieve some ulterior motive, best known to him. Learned counsel, has argued that, the plea of the complainant, about securing of his signatures, on blank cheques is vague, as he has failed to mention details thereof, and due to filing of the complaint by him, goodwill of the opposite party, has been adversely affected, in the eyes of the general public, as such, his complaint, is liable to be dismissed, with costs. 8. Admittedly, the complainant got financed, his truck bearing Registration No.HR/56/0884, in the sum of Rs.85,000/-, from the opposite party, and agreed, to return the amount of loan, in 24 installments, in the sum of Rs.4820/-, per month each. It is also not disputed, that complainant, has already deposited 23 installments, of loan, before opposite party, is alleged to have refused to accept the last installment, Contd........5 : 5 : until extra amount of Rs.62,000/-, is also paid, by him. The allegations, to this affect made by the complainant, in his complaint, and affidavit, Ext.C-1, are not corroborated, by any other evidence. The complainant, has not examined other witness, in whose presence, he might have approached the opposite party, for refund of 24th installment. He has also not given, the details of the cheques, and documents, on which his signatures, were secured, by the opposite party, at the time of advancement of the loan. As such, plea of the complainant, to that extent, is vague on the basis of which, no effective relief, can be passed by this Forum, so far as return of documents and cheques is concerned. As submitted above, the opposite party, is willing, to issue the Clearance Certificate, and to cancel the entry, about hire-purchase agreement, made in the Registration Certificate, of the truck, of the complainant, provided he deposits the last installment. Had some amount been due on account of additional payment of any installment or otherwise , from the complainant, then, the opposite party was not expected to waive off the same without any consideration. Therefore, we also do not find much substance, in the plea, of the complainant that the opposite party refused, to accept the last installment amount, until extra amount of Rs.62,000/-, has been paid by him. However, the complainant, too has had no reason to approach this Forum, for filing the complaint, and for grant of relief sought by him, without any reason or rhyme. Therefore, plea of the opposite party, cannot be accepted, that there is no deficiency in service, on its part, although, there is no conclusive proof, to support the version, of the complainant regarding malafide intention, on the part of the opposite party, to accept the amount. 9. In the light of our above discussion, we have come to the conclusion, that complainant, is not entitled, to payment of any amount, on account of compensation, or interest claimed by him, on account of any harassment, suffered by him. 10. For the aforesaid reasons, we partly accept the complaint, and Contd........6 : 6 : direct the opposite party, to issue Clearance Certificate, and cancel entry made in the Registration Certificate of the truck of the complainant within a period of 15 days, from the date of receipt of the copy of this order and the complainant deposits amount of last installment of loan in the sum of Rs.4,820/-. We also direct the opposite party to return the cheques or other documents, if any, taken as security, at the time of advancement of loan, within the stipulated period. The opposite party, is also burdened, in the sum of Rs.1,000/-, as costs of litigation. 11. The copies of the order be supplied, to the parties, free of costs, as permissible, under the rules. File be indexed and consigned to record. Pronounced: 26.12.2008 Neena Rani Gupta, Sarat Chander, P.S.Dhanoa, Member. Member. President.
