DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.771 of 2016
Date of institution: 18.11.2016 Date of decision : 14.06.2017
Mohd. Ashraf son of Gulam Hussain resident of H.No.1103/1, Sector 29-B, Chandigarh.
……..Complainant
Versus
Shriram Equipment Finance Company Ltd., SCO No.101-102 (2nd Floor), Near Local Bus Stand, Phase-1, SAS Nagar, Mohali through its Managing Director.
………. Opposite Party
Complaint under Section 12 of
the Consumer Protection Act.
Quorum
Shri Ajit Pal Singh Rajput, President
Mrs. Natasha Chopra, Member
Present: Shri Ajit Singh, counsel for the complainant.
OP ex-parte.
ORDER
By Mrs. Natasha Chopra, Member
Complainant Mohd. Ashraf has filed this complaint against the Opposite Party (hereinafter referred to as the OP) under Section 12 of the Consumer Protection Act. The brief facts of the complaint are as under:
2. In the month of June 2013 the complainant borrowed loan from the OP to the tune of Rs.7,50,000/- for purchase of a truck for earning his livelihood. The repayment of the loan was to be made by monthly installment of Rs.20,269/- for 54 months. The relevant documents/file signed by the complainant was kept by the OP with the promise to supply the same to the complainant after some formalities of its Head Office. The OP also promised free insurance for the vehicle for first four years which was approximately to the tune of Rs.1,60,000/-. However, neither this amount was paid to the complainant nor adjusted in the installments of the loan by the OP. Till October, 2016 the complainant paid loan amount to the tune of Rs.5,79,120/-. The complainant had been visiting the OP to clear in full and final the loan amount but in the statement of loan account supplied by the OP an amount of Rs.12,15,973.53 has been shown outstanding. It was also revealed from the statement that in the month of July/September, 2014 against the outstanding of Rs.1,12,000/- (approx.), an amount of Rs.1,62,743/- was credited in the loan account of the complainant with the promise that the excess amount of Rs.50,000/- would be credited/adjusted in the future installment which, however, was never adjusted despite repeated requests of the complainant. On repeated requests and personal visits of the complainant, he was supplied with computerized generated account statement instead of copy of loan file. The complainant was informed that request for adjustment and correction in the statement has been sent to its Head Office at Chennai. The complainant was also not supplied copy of loan file. The OP is also threatening to take forcible possession of vehicle of the complainant against which loan was taken due to which the complainant is unable to take the vehicle outside frequently and which has caused setback in the business to the complainant. The complainant also got issued legal notice dated 03.10.2016regarding settling the loan amount in lump sum but no reply was given by the OP despite receipt of legal notice. Hence this complaint for giving directions to the OP to supply the attested copy of the loan file/agreement after adjusting the amount of Rs.50,000/- and Rs.1,60,000/- of assured insurance of the vehicle for the first four years; to correct the statement after adjusting Rs.50,000/- of July/September, 2014 against the outstanding of Rs.1,12,000/- (approx.) the amount of Rs.1,62,743/- was credited; to supply copy of fresh/amended statement after correction and adjustment and to pay compensation with 18% interest; not to take possession of the vehicle; to pay him Rs.2,00,000/- as mental agony and harassment and Rs.20,000/- as Misc. charges.
3. None appeared on behalf of OP despite receipt of notice. Hence, the OP was proceeded against ex-parte vide order dated 23.01.2017
4. In order to prove the case, the complainant tendered in evidence his affidavit Ex. CW-1/1; copies of statement of account Ex.C-1; legal notice Ex.C-2 and postal receipt Ex.C-3.
5. We have heard the counsel for the complainant and gone through the record.
6. We are of the considered opinion that the OP is deficient in service. Statement of account Ex.C-1 shows that the complainant has paid the loan amount to the tune of Rs.5,79,120.00 upto 29.09.2016 by way of installments. As per the ex-parte evidence led by the complainant, the OP has neither provided the free insurance of vehicle for first four years which was approximately for Rs.1,60,000/- nor adjusted this amount in the installments as promised by the OP. Moreover, the OP has not provided to the complainant loan file and have committed deficiency in service. This act of the OP has caused mental agony and harassment to the complainant. Ample opportunity was given to the OP to appear and contest the complaint in the Forum but the OP choose not to appear and contest for the reasons best known to the OP which amounts to admission of the averments of the complaint and that the OP has nothing to say in this regard.
7. Therefore, keeping in view the ex-parte evidence led by the complainant, the complaint of the complainant stands allowed. The OP is directed to pay a lump sum amount of Rs.10,000/- (Rs.Ten thousand only) to the complainant for mental agony, harassment and miscellaneous expenses. The OP is further directed not to take possession of the vehicle of the complainant i.e. TATA 1109 bearing No.HR-68-A-3042 and to supply to the complainant copy of loan file and also to adjust the amount of Rs.50,000/- and Rs.1,60,000/- in the further installments of loan of the complainant as promised by the OP.
The OP is further directed to comply with the order of this Forum within 30 days from the date of receipt of this order failing which the awarded amount shall carry interest @ 9% per annum from the date of order till realisation. .
The arguments on the complaint were heard on 01.06.2017 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.
Pronounced
Dated: 14.06.2017
(A.P.S.Rajput)
President
(Mrs. Natasha Chopra)
Member
