Haryana

Yamunanagar

CC/670/2010

Muni Lal S/o Nanak Chand - Complainant(s)

Versus

M/S Khushbu Auto Finance Ltd. - Opp.Party(s)

D.C.Singla

21 Dec 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

                                                                                    Complaint No.  670  of  2010.

                                                                                    Date of institution: 20.7.2010

                                                                                    Date of decision: 21.12.2015.

Muni Lal aged about 45 years son of Shri Nanak Chand, resident of village Machhrauli, Tehsil Jagadhri, Distt. Yamuna Nagar.   

 

                                                                                                                       …Complainant.

                                                Versus

 

1. M/s Khushbu Auto Finance Ltd. 8-B, National Highway, near Microwave Tower, Shapar ( Veraval) District Rajkot (Gujrat), through its Manager/M.D.
2. M/s Jai Tulsi Automobiles, near Pandit Automobiles, Jagadhri, Distt. Yamuna Nagar through its Proprietor.                                    

                                                                                                                        …Respondents.  

           

CORAM:          SH. ASHOK KUMAR GARG, PRESIDENT,

                        SH. S.C.SHARMA, MEMBER.

 

Present: Sh. Deep Chand Singla, Advocate, counsel for complainant.    

              Respondent No.1 already ex-parte vide order dated 22.9.2010.

              Respondent No.2 already ex-parte vide order dated 6.5.2015. 

 

ORDER

 

1.                     Complainant has filed the present complaint under section 12 of the consumer Protection Act 1986 praying therein that the respondents (hereinafter referred as OPs) be directed to issue No Dues Certificate, i.e. form No.35 in respect of clearance of hypothecation entries of the vehicle bearing No. HR-58/8076 as well as the blank signed cheque and not to take any legal action in respect of false presentation of cheque and further to pay Rs. 50,000/- as compensation for mental agony harassment as well as Rs. 10,000/- as litigation expenses. 

2.                     Brief facts, as alleged in the complaint, are that the complainant purchased passenger three wheeler bearing chassis No. A06L55531, Engine No. A6L57197 from OP No.2 i.e. Jai Tulsi Automobiles on 12.7.2007. The complainant paid Rs. 25,000/- in cash and rest amount of Rs. 1,00,000/- was got financed from the OP No.1 and the said vehicle was hypothecated with OP No.1. The complainant was made the payment of installment to the OP No.1. In the absence of OP No.1, the amount of installments have been received by Op No.2 vide valid receipts and orally. The complainant has deposited the entire loan amount with interest with the OPs and nothing is due towards the loan amount. After clearing the loan, the complainant approached the Op No.1 for issuance of clearance certificate of said loan and blank signed cheques as nothing remained due in this regard but firstly the officials of Op No.1 put off the matter with one pretext or the other and later on the complainant received a notice dated 26.11.2009 issued by Op No.1 that one cheque issued by complainant was bounced due to insufficient funds and also stated to make the payment of said cheque amount within 15 days of receipt of notice. The complainant approached the office of Jai Tulsi Automobiles, Jagadhri where it came to know that the OP No.1 has left its office and then he obtained the account statement and on perusal of the account statement it is clearly showed that the  OP No.1 has dishonestly, malafidely and with ulterior motive had presented the cheque of 13 installments, which is clear cut deficiency and negligence on the part of OPs. The complainant has cleared the loan amount of hypothecation and as such the complainant is entitled to get release No Dues Certificate i.e. Form No. 35. Hence this complaint.

3.                     Upon notice, OP No.1 failed to appear despite service through registered post, hence he was proceeded ex-parte vide order dated 22.9.2010 whereas Op No.2 appeared and filed its written statement and thereafter failed to appear, hence he was also proceeded ex-parte vide order dated 6.5.2015. OP No.2 while appeared filed written statement by taking some preliminary objections such as complaint is legally not maintainable, no locus standi, stopped from filing the present complaint and on merit it has been submitted that the complainant has purchased a passenger three wheeler make Atul Shakti bearing Engine No. A6L57197 from the OP No.2 on 12.7.2007 against a total sum of Rs. 1,25,000/- and the complainant paid a sum of Rs. 25,000/- in cash to the OP No.2 at the time of purchase of vehicle and rest amount of Rs. 1,00,000/- was got financed from Op No.1. The OP No.2 has no knowledge regarding receiving of blank cheques from the complainant by OP No.1 as the complainant has not given any blank cheque to the OP No.2. It has been further submitted that if the complainant had paid any installment to the OP No.2, the same was deposited with Op No.1 and after depositing the installment, the receipt of the same was handed over to the complainant. It is further submitted that the Op No.2 is not liable to issue No Objection Certificate to the complainant and it was the duty of OP No.1 to issue No Objection Certificate because the vehicle was got financed by the complainant from OP No.1. So, the question of approaching and making any request by the complainant to OP No.2 to issue No Objection Certificate does not arise at all and prayed for dismissal of complaint. 

4.                     To prove the case, counsel for the complainant tendered into evidence affidavit of complainant as Annexure CX and documents such as photo copy of detail of installment paid by complainant as Annexure C-1, Photo copies of receipt Annexure C-2 to C-34, Photo copy of registration certificate as Annexure C-35, Photo copy of statement of account as Annexure C-36, Photo copy of invoice No. 51 dated 12.7.2007 as Annexure C-37,  Photo copy of legal notice under section 138 B of the NI Act as Annexure C-38 and closed the evidence on behalf of complainant.

5.                     We have heard the learned counsel for the complainant and have gone through the pleadings as well as documents placed on file very minutely & carefully.  

6.                     Learned counsel for the complainant argued that the complainant purchased a three wheeler bearing chassis No. A06L55531, Engine No. A6L57197 from OP No.2 i.e. Jai Tulsi Automobiles on 12.7.2007 and paid a sum of Rs. 25,000/- in cash and rest amount of Rs. 1,00,000/- was got financed from the OP No.1 and the said vehicle was hypothecated with OP No.1. Learned counsel for the complainant argued at length that as the complainant had deposited all the installments and cleared the loan amount, so he is entitled to get the No Objection Certificate and blank signed cheques which was handed over as security with the OPs. Learned counsel for the complainant further argued that complainant purchased the three wheeler from OP No.2 i.e. M/s Jai Tulsi Automobiles and this firm i.e. OP No.2 arranged the loan for the complainant from OP No.1.  Some amount of loan were paid through installments to OP No.2 vide receipt Annexure C-2 to C-13 and remaining amount were paid directly to Op No.1 which is evident from payment receipt Annexure c-14 to C-34 and lastly prayed that all the loan amount had been cleared by the complainant, so, the complainant is entitled to get the No Objection Certificate (NOC) for removal of hypothecation from the registration certificate of the three wheeler in question. Learned counsel for the complainant draw our attention towards registration certificate (Annexure C-35) wherein hypothecation with HDFC Bank Ltd. Was found recorded.

7.                     The only plea of the complainant is that the complainant has paid all the entire loan amount and is entitled to get No Objection Certificate but we are not convinced with the arguments advanced by the counsel for the complainant as from the perusal of Annexure C-35 registration certificate it is evident that the vehicle in question was hypothecated with the HDFC Bank Ltd. but the complainant has not impleaded the HDFC Bank Ltd as party in the present complaint. Further to decide the issue involved in this complaint is required intricate evidence  from both the sides as the complainant has specifically mentioned in his complaint that OP No.1 has dishonestly, malafidely and with ulterior motive had presented cheques of installments, meaning thereby Op No.1 &2 has cheated with the complainant. Without taking elaborate evidence we are not in a position to held that entire loan had been paid by the complainant or not. From the perusal of some receipt of installments Annexure C-2 to C-34 this court is unable to come to the conclusion that nothing is due against the complainant as no loan agreement/Account Statement of Bank has been filed by the complainant. Further from the perusal of Annexure C-38 legal notice served under section 138 B of the Negotiable Instrument Act on behalf of OP No.1 to Sh. Muni Lal s/o Nanak Chand i.e. complainant it is evident that there are some dispute regarding the payment between the complainant as well as OP No.1 which cannot be decided in a summary way.

8.                     Hence in the above noted facts and circumstances of the case, we are of the considered view that there is no deficiency in service on the part of OPs.  Hence the present complaint is hereby dismissed with no order as to costs. However, complainant is at liberty to redress his grievances before the Civil Court if so advised. Exemption of time spent before this Forum is granted in terms of judgment of the Hon’ble Supreme Court of India in case titled as Luxmi Engineering Works vs. P.S.G. Industrial Institute (1995)III SCC page 583. A copy of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced in open court: 21.12.2015.                                  

                                                                                          ( ASHOK KUMAR GARG)

                                                                                           PRESIDENT

 

 

 

                                                                                          (S.C.SHARMA)

                                                                                           MEMBER