District Consumer Disputes Redressal Commission ,Faridabad.

Consumer Complaint  No. 184/2022.

 Date of Institution:04.04.2022.

Date of Order:.17.07.2023.

Sajjan Kumar Siwach S/o Shri Ram Kumar R/o H.No. 1199, C Block, SGM Nagar, Faridabad.

                                                          …….Complainant……..

                                                Versus

M/s. Shriram Transport Finance Co. Ltd., through its Manager. Managing Director Branch Office, NIT, Faridabad.

                                                                              …Opposite party

BEFORE:            Amit Arora……………..President

Mukesh Sharma…………Member.

Indira Bhadana………….Member.

PRESENT:                   Sh.Subhash Kaushik,  counsel for the complainant.

                             Sh.  Yashpal Yadav, counsel for opposite party.

ORDER:

                             The facts in brief of the complaint are that the complainant  had purchased a second hand old car No. HR-15-C-3621 in the year of 2015 and financed form opposite party of amounting to Rs.2,70,000/- & Rs.1,00,000/- were paid as earnest money to the opposite party and rest of the amount was to be paid in form of installment sin 37 months and the total installments were 37, the each

installment was of Rs.13,851/-.  This amount was to be paid within three years and seven months to this effect an agreement in the year 2015 was executed between complainant and the opposite party.   The opposite party was a finance company who provides the loan to the public and having its Zonal office at New Delhi and branch office at Faridabad in NIT (Haryana).  The opposite party had given loan amounting of Rs.3,70,000/- to the complainant in order to purchase above said car Swift Desire and to this effect a Loan-cum-hypothecation agreement was executed between the opposite party and complainant in the month of March 2015.  The above said loan was to be returned within 3 years & 7 months in the form of installments and each installment was settled at Rs.13851/- per month he had paid 18 installments and total amount of Rs.3,52,000/- including earnest money which had been paid by the complainant till date of purchasing of above said car.  The rest of the amount of loan was to be paid by the complainant within 37 months  in 37 installments. The above said agreement was to be expired on completion of 3 years & 7 months period.  The complainant had paid Rs.3,52,000/- by cheque/transfer in account of the opposite party.  The complainant has been paying the installments regularly.  There were some default of not making the installment in time in respect of the installments due upon the complainant because of unavoidable circumstances such as Corona lockdown & accident while the fear of snatching of car by fiancé company/ the complainant could not ply the car on the road.  The complainant had lodged a heavy claim of damages of the car to the insurance company.  Moreover the complainant had got insured his car by the insurance company and amounting to Rs.57.000/- and the opposite party company duly informed  about this facts but opposite party had added charges of insured of the car and added to the amount which was totally illegal and unjust as due amount upon the complainant.  It was further relevant to mention that the car of the

 complainant met with an accident wherein no one was insured but the crowd damaged the car by throwing stones upon the car due to the accident but somehow it was saved by the local villager and police and the car got badly damaged by the accident which was under repair.  Prior to this accident when the car of the complainant was on way on dated 25.02.2022 the goons of the opposite party by beating the driver, tried to take the possession of the vehicle forcibly but  by the intervention of passer by and police officials on petrol duty thus they could not take the possession forcibly.  On 27.02.2022 the complainant visited to the office of the opposite party and offered Rs.1,50,000/- and they did not except the amount saying that complainant had to pay entire amount of installments as the complainant requested to the opposite party that he was unable to make the entire amount of installments as he had taken a loan if he had such huge amount of loan he would have not taken.  The request of the complainant was not taken account rather they threatened to snatch the car of the complainant and they started demanding Rs.1,25,000/- by saying that his agreement had been terminated by the company/bank therefore he was required to bring the entire amount of loan including the interest  i.e. Rs.1,25,000/- while the balance amount on account of remaining installments was due upon the complainant Rs.69,000/- only to which the complainant was ready to pay the entire amount of installment since case the NO objection was given to the complainant for which had been asking for last two  months.  The opposite party had terminated the agreement which was executed between the opposite party and complainant, for 5 years illegally and arbitrarily.  The opposite party was not empowered to terminate the said agreement before its date of expiry and no notice was given to the complainant in this regard prior to terminating the agreement,  The aforesaid act of opposite party amounts to deficiency of service and hence the complaint.  The complainant has prayed for

directions to the opposite party to pay the compensation amounting to Rs.50,000/-, as well as  Rs.2,00,000/- including interest on account of not plying the vehicle on road and direction be given to the opposite party not to take the possession of the car NO HR51bd 9834 by help of goons except the due course of law.    As well as to return the signed documents to the complainant may kindly be passed in the favour of the complainant and against the opposite party.

2.                Opposite party put in appearance through counsel and filed written statement wherein Opposite party refuted claim of the complainant and submitted that  the applicant himself was wrong doer person.  Complainant had breached the terms of loan agreement by not paying monthly installment sin time.  The complainant availed the loan facility of Rs.3,70,000/- in the month and year of June 2018.  The tenure of loan was 37 months.  The complainant was to pay the interest of Rs.1,44,176/- on principal amount.  An amount of Rs.5,14,176/- was to pay by the complainant to the opposite party according to the payment schedule.  A loan cum hy7pothecation agreement  No. FARIDt806280001 dated 28.06.2018 was executed between the complainant and the opposite party. But the opposite party failed to pay the installments on time.  A total sum of Rs.2,83,200/- had paid by the complainant to the opposite party.  The opposite party availed the legal remedy which was available under the provision of Arbitration and Conciliation Act and filed an application under section 17 of Arbitration and Conciliation Act before the Hon’ble Arbitrator.  The Hon’ble arbitrator had appointed the receiver to take the possession of the hypothecated vehicle.  After getting the order from the Hon’ble  Arbitrator, the opposite party had taken the possession of the hypothecated vehicle on 11.06.2022. 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–Shriram Transport with the prayer to pay the compensation amounting to Rs.50,000/-, as well as  Rs.2,00,000/- including interest on account of not plying the vehicle on road and direction be given to the opposite party not to take the possession of the car No. HR51bd 9834 by help of goons except the due course of law.

                    To establish his case the complainant  has led in his evidence,  Ex.C1 – affidavit of Sajjan Kumar Siwach, Ex.C1/1 – statement of account, Ex.C1/2 to C1/4 – loan receipts, Ex.C1/5 – Repossessed vehicle inventory list, 

                    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 Vinod Kumar, Authorized representative of Shriram Transport finance Company Limited, Office at Plot NO.55, BP, Second floor, Krishna Tower, Neelam Bata Road, NIT, Faridabad. Ex.R-1 –power of attorney, Ex.R-2 -  arbitration order, Ex.R-3 -  Statement of accounts.

6.                During the course of arguments Shri Sajjan Kumar complainant has made a statement that “ I am ready to pay the due amount with regards to installment, including interest as prescribed in agreement executed between the parties.”

7.                On the basis of the statement of the complainant – Shri Sajjan Kumar, the Commission is of the opinion that the complaint is disposed off with the direction to opposite party that after taking the balance payment from the

complainant, opposite party will issue the NOC to the complainant within 30 days from  date of receiving the payment from the complainant. Copy of this order be sent to the parties concerned free of costs.  File be consigned to the record room.

Announced on:  17.07.2023                                 (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.