Delhi

New Delhi

CC/763/2010

Narender Singh - Complainant(s)

Versus

M/S. Ram Transpart Finance - Opp.Party(s)

05 Jun 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/763/10                        Dated:

In the matter of:

Narender Singh,

S/o Sh. Balbir Singh,

R/o H.No.125, Indra Park,

Jhajjar, Haryana

 

……..COMPLAINANT

       

VERSUS

Sri Ram Transport Finance,

At E-9, Inner Circle, Connaught Place,

New Delhi-110001

Also at:

Plot no.3384, 2nd Floor, Krishna Colony,

Deshbandhu Gupta Road, Karol Bagh,

New Delhi-110005

Also at:

Delhi Bypass Road,

Near Jannat Banquet Hall,

& Haryana Motors, Opp. Tilak Nagar,

Rohtak, Haryana

                                         ……..OPPOSITE PARTY

 

ORDER

Member: S.R Chaudhary

 

The Complainant had availed finance over his vehicle bearing no.HR-63-5832 for Rs.6,50,000/- with 43 installments for Rs.13,990/- per month and complainant was paying regularly EMI’s suddenly the vehicle was in question on 12.0310 (while plying at Sahpura Rajasthan) was repossessed by some persons duly laced with arms as financer’s own men and complainant signature was also obtained on blank documents as alleged. Thus complaint was filed & notice was served. As per order sheet dated 13.01.11, an interim order was passed and subsequently again on 11.03.11, another interim order was also passed by this Forum but OP failed to comply.

As per OP evidence Para 2 admitted that Rs.4,15,000/- was financed whereas complainant had stated that Rs.6 lakhs was spent on it to purchase, payable in 43 installment of Rs.13,990/-. OP has stated that the paid vehicle was re-possessed on 14.03.10 whereas complainant has stated that it was repossessed on 12.03.10. Further OP has admitted that a letter was sent to complainant on 04.07.11 to clear the dues whereas such letter is not attached with evidence. At the same time, it is very much transparent that OP has not furnished outstanding statement after repossessing of vehicle despite interim orders on 13.01.11 & 11.03.11, which is clear case of deficiency, breach of contract and unfair trade practices on the part of OP to repossess the vehicle when installments are regularly paid till 2010. But OP has not filed any documents either with W.S or with evidence till passing the order since 2010 to 2014. The OP in its affidavit has admitted that vehicle was seized in 2010, and notice to clear the dues was given later in 2011. No notice before possessing the vehicle as per guidelines of Hon’ble Supreme Court was given and vehicle was seized with the help of muscle power. In the meantime, OP even in affidavit has not disclosed “How much amount was due for which vehicle was re-possessed”.

As per evidence of OP, the total amount was financed by him was Rs.4,15,000/- and total value of vehicle was 7 lakhs. The total sale price of said vehicle was not disclosed by OP during 2010. The said vehicle was financed during year 2009. The complainant had paid a sum of Rs.1,49,500/- as per receipt attached with complaint. Depreciation allowed on IDV value is 20% per year. The total amount comes Rs.2,65,500/- (Rs.4,15,000/- minus Rs.1,49,500/-) as per evidence of OP.

Hence, holding OP guilty, OP is directed to refund Rs.2,65,500/- (as basic sale price works out as per evidence not considering the allegation of complainant) along with 9% interest from the date of possession of vehicle till payment. We also award a compensation of Rs.75,000/- for harassment inclusive of litigation expenses as complainant has been actually harassed by OP and forcibly re-possessed the vehicle and sold in market without consent of complainant.

The order shall be complied within 30 days of the receipt of the copy of the order; otherwise action can be taken against OP under Section 25 / 27 of the Consumer Protection Act.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

 

        Pronounced in open Court on 05.06.2015.

 

                          

(C.K.CHATURVEDI)

PRESIDENT

 

 

(S.R. CHAUDHARY)

MEMBER