Haryana

Yamunanagar

CC/148/2024

Rekha W/o Ram Chander - Complainant(s)

Versus

Shri Ram City Union Finance Co. - Opp.Party(s)

Yash Raj

26 Apr 2024

ORDER

CC No. 148 of 2024

Rekha Vs. Shri Ram

 

Present:        Sh. Yash Raj, Adv. for the complainant.

 

1.                 Complaint presented before the registry of this Commission on 24.4.2024 and put up before this Commission on today itself. It is hereby ordered to be registered against the registration number already allotted by the registry of this Commission.

2.                  Counsel for the complainant attached documents Ex.C-1 to Ex. C-6 with the complaint.

3.           Heard. As per the version of the complainant, he purchased the motor cycle Hero Splendor Plus bearing Registration No.HR71K-8102 from Gupta Motor Cycle Agency Bus Stand Ledi, District Yamuna Nagar, which was financed by the respondents and he paid the margin money, in the sum of Rs.15,000/- and remaining loan amount was to be paid in 10 installment of Rs.6,500/- each, it mean, he borrowed the loan about of Rs.65,000/- from the respondent (complainant has not specifically pleaded, how much, he borrowed the amount, as loan) and he defaulted in payment of loan.

4.                Complainant alleged, the respondent did not issue any statement of loan account, despite, repeated request and in the month of July, 2023, the muscle-men of the respondents, reached to his house and snatched the motor cycle and he reported the matter to the police and complaint was registered vide Parivad No.9268 dated 25.9.2023, in the office of the Superintendent of Police, Yamuna Nagar and thereafter, the respondent sold the motor cycle on lesser price and deposited the balance sale consideration, in the sum of Rs.9,977/- in his account, on 26.10.2023, fact is reflected from the entry Ex.C3 recorded in passbook. The respondents were legally bound to issue the notice, before taking the vehicle into possession. The act of respondents amounted to act of negligence, deficiency in service, which caused him mental agony, harassment.

5.                 Firstly, taking the version of the complainant as it is, the respondent is financer and the financer is not service provider within the meaning of Section 2 (42) of Consumer Protection Act, 2019  because financer provides the loan by charging specific amount i.e. rate of interest. The view of this Commission is fully supported by the law in case titled Ram Deshlahara Vs. Magma Leasing Ltd. 3 (2006) CPJ 247 (NC). Resultantly, complaint is not maintainable and is liable to be dismissed.

6.             Coming on the merit of the case i.e. whether the respondents committed an act of negligence, deficiency in service. The complainant in Para No.2 of the complaint, himself, admitted he defaulted in payment of loan installments to the respondents, then, if the muscle-men of the respondents snatched the motor cycle from him, in the month of July 2023, illegally, qua, that complaint filed complaint Ex.C4 before the Superintendent of Police, Yamuna Nagar and if the police had failed to take action against the respondents, then, it is not within the domain of this Commission to step into shoe of the police. As already observed, he defaulted in the payment of loan borrowed, to purchase the motor cycle respondents sold the same and they after adjusting the amount of loan, credited the balance of sale proceed, in the sum of Rs.9,977/- in his account on 26.10.2023. On the face of it, there is no truthness in the version of the complainant, rather, document brought on record, makes clear he himself defaulted in payment of loan and complaint is liable to be dismissed.

7.                Hence, due to the reasons stated hereinbefore, the complaint is, dismissed, it being not maintainable as well as devoid on merits, leaving the complainant to bear his own costs of litigation. Certified copy of this order be supplied to the complainant free of cost.

8.                   File be consigned to the records.

                                                                                                            President,

                                                                                                            DCDRC, YNR,

  L.Member                                          Member                                 26.04.2024.

 

Typed by: Aarti.