Chandigarh

DF-I

CC/485/2022

Hari Lal - Complainant(s)

Versus

Shriram Transport Finance Co. Ltd. - Opp.Party(s)

Devinder Kumar

30 Aug 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/485/2022
Date of Institution	:	4/5/2022
Date of Decision	:	30/8/2024

 

Hari Lal son of Sh Nethu Verma, aged about 39 years, r/o House No. 1401, Small Flat, Dhanas, Chandigarh.

....Complainant

VERSUS

 

Shriram Transport Finance Company Limited, SCO No. 101-102, 1^st  Floor, Phase- 11, Mohali through its Managing Director.

..Opposite Party

 

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR SURESH KUMAR SARDANA	MEMBER MEMBER

                       

ARGUED BY	:	Sh. Devinder Kumar, Advocate for complainant.
	:	Sh. Puneet Tuli, Advocate for OPs.

Per SURESH KUMAR SARDANA, Member

     Briefly stated the complainant purchased one second hand vehicle Mohindra Maxi  got the same financed from Opposite party who financed a sum of Rs.1,70,000/- to the complainant. As per payment of schedule the complainant has to pay Rs.6849/- per month to Opposite party and the period of loan was 36 months.  As per loan summary against the loan amount of Rs.1,70,000/- the complainant has already paid Rs.2,42,855/-  to the Opposite party but despite that the Opposite party vide demand notice dated 10.7.2021 asked the complainant to pay Rs.1,63,749/-. The complainant immediately approached the Opposite party and asked as to how they demanded the aforesaid amount as the complainant has already made more than the loaned amount and requested to correct  the account. But on 14.4.2022 the Opposite party took forceful possession of the vehicle in question  from the complainant and handed over surrender letter dated 14.4.2022 to the complainant. It is alleged that after repeated request of the complainant the Opposite party supplied loan summary to the utter shock of the complainant it was intimated the complainant that has taken five loans. It is alleged that the complainant has taken only one loan and he is not aware about the remaining four loans. Alleging the aforesaid act of Opposite Parties deficiency in service and unfair trade practice on their part, this complaint has been filed.

2. The Opposite Party in its reply while admitting the factual matrix of the case stated that the  it financed the vehicle to Complainant for a sum of
   Rs. 170000/- on 31.08.2018 against the vehicle Mahindra Maxx Pickup bearing No. PB65H2743. It is denied that company received any blank cheque from the complainant. Loan agreement dated 31-03-2018 signed between the parties on certain terms and conditions, had sanction loan of Rs. 1,70,000/- along with finance AR-2 charges of Rs. 93,348/- and the total agreement value was assessed for sum of
   Rs. 2,63,348/-/- and the same were repayable by the complainant in 36 installments. However right from the execution of the loan agreement the complainant had made numbers of default in the payment of the monthly installments and till the date of surrendering the vehicle i.e 14-04-2020, the complainant was in default of sum of Rs. 2,05,278/- It is submitted that vehicle in question surrender by the complainant by duly signing the surrender letter. Moreover after the willful surrender of the vehicle and despite the various requests of the OP the complainant had not adhere to the financial discipline of the company and furthermore not repaying the entire default amount outstanding against his loan account hence till date he is also in arrear of loan amount. It is also brought to the kind notice of this Ld. Commission that besides the above mention loan, the present complainant also obtained Shriram Life insurance vide No. CHNDGT807040003 dated 04-07-2018 of sum Rs. 5,800/- and the same was to be repaid by the complainant in 12 installment, Shriram General Insurance of the vehicle renewed vide NO. CHNDG2T80913002 dated 13-09-2018 of sum Rs.19,357/- along with finance charges of Rs. 2,555/- for insuring the vehicle in question and the same was to be repaid by the complainant in 12 installment. Denying any deficiency on its part all other allegations made in the complaint has been  denied being wrong.
3. Replication was filed and averments made in the consumer complaint were reiterated.
4. Contesting parties led evidence by way of affidavits and documents.
5. We have heard the learned counsel for the contesting parties and gone through the record of the case.
6. The main grievance of the complainant is that the Opposite party have shown more availed loans in his name whereas he has availed only one loan for the vehicle in question. Moreover, in spite of paying Rs.2,42,855/- against the availed loan of Rs.1,70,000/- the OPs have taken forceful possession of the vehicle in question.
7. On perusal of complaint and the documents submitted by the complainant it is an admitted fact by the complainant that he has availed a loan of Rs.1,70,000/- from the Opposite party and on perusal of documents annexed by the OPs on record it is observed that the complainant has availed second loan of Rs.19,342/-  for purchase of new tyres/engine repairs and replacement/accidental repair of the vehicle/personal loan etc. on 13.9.2019 payable in 12 monthly installments.
8. It is also observed that the complainant has also availed another loan of Rs.21,000/- on 12^th June 2019 to be payable in 24 monthly installments as a personal loan. Hence, we are convinced that the complainant has availed more than one loan from the Opposite party.
9. As far as the allegations of the complainant  about forceful possession of the vehicle in question, we have perused Annexure C-8 placed on record by the complainant himself, which indicates that the complainant has voluntarily surrendered the vehicle in question and he has himself admitted that he has violated the terms and conditions of the loan-cum-hypothecation condition.  Hence, the complainant has miserably failed to prove his case against the Opposite party. Thus, the complaint is liable to be dismissed.
10. In view of the aforesaid discussion, the present consumer complaint, being devoid of any merit, is hereby dismissed leaving the parties to bear their own costs 
11.      Certified copies of this order be sent to the parties free of charge. The file be consigned.

			[Pawanjit Singh]
			President
			[Surjeet Kaur] Member
30/8/2024			[Suresh Kumar Sardana]
mp			Member