Haryana

Yamunanagar

CC/93/2014

Deepak Kumar S/o Ramesh Kumar - Complainant(s)

Versus

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

Lalit Gupta

07 Sep 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA   NAGAR

                                                                                         Complaint No. 93  of  2014.

                                                                                         Date of institution: 10.02.2014.

                                                                                         Date of decision: 07.09.2016.

 Deepak Kumar aged about 26 years son of Sh. Ramesh Kumar ( Balmiki) resident of VPO Bilaspur, Churahi Road, Tehsil Jagadhri, District Yamuna Nagar.                                                                                                                                                                                                                                                                     …Complainant.

                                               Versus

 

1. Shri Ram Transport Finance Company Ltd. 101-105, 1^st Floor, B Wing Chamber, Sector-11, C.B.D. Belapur, Navi Mumbai-400614 through its Managing Director.
2. Shri Ram Transport Finance Company Ltd. Near Lal Dwara, Opp. Raghunath Mandir, Yamuna Nagar through its Branch Manager.                                                                                                                               

                                                                                                                                                 … Respondents.

                       

BEFORE          SH. ASHOK KUMAR GARG, PRESIDENT

                        SH. S.C.SHARMA, MEMBER.

 

Present: Sh. Lalit Gupta, Advocate, counsel for complainant.   

              Sh. Anil Gupta, Advocate, counsel for respondents.  

 

ORDER

 

1.                     Complainant Deepak Kumar filed this complaint under section 12 of the Consumer Protection Act 1986.

2.                     Brief facts of the present complaint, as alleged by the complainant, are that the complainant purchased a vehicle make TATA Ace HT (BANJO) bearing registration No. HR-58A-2554 after availing financial facilities from the OPs. The complainant repaid the said loan amount and requested the OP No.2 to issue “No Objection Certificate/ Clearance Certificate” in favour of the complainant and also requested to return all the aforesaid 41 cheques which were taken by the OPs as security at the time of granting loan facility but instead of issuing the “No Objection Certificate” and 41 cheques, the OPs demanded Rs. 53130.17 as outstanding from the complainant. On this, complainant asked the OPs that how they have calculated the said amount outstanding against him, then the official of the OPs told to the complainant that they have insured the aforesaid vehicle of the complainant time to time and the said amount is of insurance charges. On this, the complainant objected the act of the OPs as the complainant never authorized or said the OPs to got done the insurance of the said vehicle on behalf of the complainant because complainant himself was getting the insurance of the aforesaid vehicle regularly. So, the alleged amount shown outstanding against the complainant on account of insurance of the vehicle in question is absolutely illegal, wrong, arbitrarily and liable to be quashed. The complainant has requested so many times to the OPs to issue “No Objection Certificate” but all in vain. Hence, this complaint.

3.                     Upon notice, OPs appeared and filed its written statement by taking some preliminary objections such as complaint is not maintainable; the vehicle in question was used for commercial purpose by the complainant, therefore, the present complaint does not fall under the definition of Consumer and on merit, it has been admitted to the extent that complainant has purchased a vehicle make TATA Ace bearing registration No. Hr-58A-2554 after availing the financial facilities from the OPs and an agreement was executed between the parties. As per agreement the loan amount was repayable in 41 monthly installments. It has been further mentioned that complainant has not paid the aforesaid loan facility in regular installments as per terms and conditions of the agreement. Further, it has also been mentioned that complainant never contacted the OPs for issuance of NOC/Clearance Certificate in his favour. It has been specifically denied that OPs ever took any blank cheques from the complainant, so, the question of their return does not arise. The OPs are always ready and willing to do all the things necessary for the proper conduct after clearing balance amount standing against the complainant. Lastly, prayed for dismissal of complaint.

4.                     To prove the case, counsel for the complainant tendered into evidence affidavit of complainant as Annexure CW/A and documents such as Photo copy of Registration Certificate as Annexure C-1, Photo copy of account statement as Annexure C-2, copy of insurance policy issued by United India Insurance Company for the period from 26.06.2011 to 25.06.2012  as Annexure C-3, 11.08.2012 to 10.08.2013  as Annexure C-4, 22.08.2013 to 21.08.2014 as Annexure C-5, photo copy of legal notice as Annexure C-6, Postal receipts as Annexure C-7 and acknowledgement as Annexure C-8 and closed the evidence on behalf of complainant.

5.                 On the other hand, counsel for the Ops tendered into evidence affidavit of Sh. Karan Singh Tomar as Annexure RW/A and documents such as Photo copy of Insurance police issued by Bajaj Allianz General Insurance Company for the period from 26.06.2010 to 25.06.2011 as Annexure R-1, Copy of insurance policy issued by Shri Ram General Insurance Company for the period from 26.06.2011 to 25.06.2012, 26.06.2012 to 25.06.2013 and 26.06.2013 to 25.06.2014 as Annexure R-2 to R-4 respectively and closed the evidence on behalf of OPs. 

6.                   We have heard the learned counsel for both the parties and have gone through the pleadings as well as documents placed on file very minutely and carefully.

7.                    It is not disputed that complainant purchased vehicle make TATA Ace bearing registration No. HR-58A-2554 after availing financial facility from the OPs. There is no dispute between the parties in respect of first insurance policy for the period from 26.06.2010 to 25.06.2011 (Annexure R-1) in respect of vehicle in question which was obtained by the OPs.  There is only dispute between the parties in respect of three policy for the period from 26.06.2011 to 25.06.2012 and 26.06.2012 to 25.06.2013 and 26.06.2013 to 25.06.2014 as these three insurance policies have been obtained by the complainant from the United India Insurance Company and for the same period the OPs have also obtained the first insurance policy from the Bajaj Allianz General Insurance Company ltd. and the remaining three policies were obtained from the insurance company of OPs i.e. Shri Ram General Insurance Company Limited for the same period. The only grievances of the complainant is that he never authorized to the OPs to obtain the further insurance policies except initial i.e. first insurance policy as the vehicle in question remained in possession of the complainant and he was using the vehicle in question on the road. So, the complainant has rightly obtained the insurance policies from the United India Insurance Company whereas the OPs who have financed the vehicle in question to the complainant and being the same insurer illegally charged the insurance premium from the complainant on account of insurance of the vehicle in question. Even, the OPs have not ever intimated to the complainant that OPs are also getting the insurance policies for his vehicle. Learned counsel for the complainant further argued that as the complainant has repaid the entire loan amount to the OPs and nothing is due against the complainant except the amount of illegal charges of the premium of the insurance policies in question which has been illegally got issued from their own company i.e. Shri Ram General Insurance Company. Learned counsel for the complainant further draw our attention towards the insurance policy for the period from 26.06.2013 to 25.06.2014 (Annexure R-4) and argued that from the perusal of this insurance policy, it is clearly evident that this policy was cancelled but the OPs have wrongly debited the amount of premium of Rs. 17219/- in his account, which is duly evident from the account statement (Annexure C-2) at page no.2 and when the insurance policy for the period from 26.6.2013 to 25.06.2014 has been shown as cancelled then how the OPs company can charge the premium from the complainant. Lastly, argued that the OPs have wrongly and illegally withheld the No Objection Certificate/ Clearance Certificate in respect of aforesaid loan account of the complainant.

8.                  On the other hand, counsel for the OPs argued that as the amount of insurance policies amounting to Rs. 53130.17 is still pending against the complainant, so, how the OPs Company can issue NOC to the complainant and prayed for dismissal of complaint.

9.                   After hearing both the parties, we are of the considered view that there is a deficiency in service on the part of OPs as from the perusal of the account statement, it is clearly evident that complainant has repaid the entire loan amount to the OPs and nothing is due on account of loan amount against the complainant. From the perusal of insurance policy for the period from 26.6.2013 to 25.06.2014 (Annexure R-4),  it is clearly evident that this policy has been cancelled, however, OPs has charged the amount of premium amounting to Rs. 17219/- from the complainant, which is evident from the account statement (Annexure C-2). Further, from the perusal of insurance policies issued by the United India Insurance Company as well as ICICI Lombard General Insurance Company (Annexure C-3 to C-5), it is also duly evident that complainant has rightly obtained the Insurance policies for his vehicle as the vehicle in question was in his custody and he was using the same. From the perusal of the insurance policies (Annexure R-2 to R-4), it is evident that these insurance policies had been obtained by the OPs without the consent of the complainant or intimation to the complainant from their own insurance company i.e. Shri Ram General Insurance Company, which is totally illegal. Further, the OPs have also not placed on file any agreement to prove that the complainant has ever authorized the OPs to obtain the insurance policies on behalf of complainant for the further period except first insurance policy.

10.               In the circumstances noted above, we are of the considered view that the OPs have illegally, wrongly and without consent or intimation of the complainant have obtained the double three insurance policies for the period from 26.06.2011 to 25.06.2014 (Annexure R-2 to R-4), which constitute the deficiency in service and unfair trade practice on the part of OPs. Hence, the complainant is entitled for relief.

11.                   Resultantly, we partly allow the complaint of complainant and direct the OPs not to charge any outstanding amount of Rs. 53130.17 from the complainant and further the OPs are also directed to issue the No Objection Certificate/Clearance Certificate in respect of loan account of complainant and the OPs are also directed to pay Rs. 10,000/- as compensation for mental agony, harassment as well as litigation expenses. Further, the OPs are also directed to return the blank cheques, if any, or not to misuse the same. Order be complied within a period of 30 days after preparation of copy of this order, failing which complainant shall be entitled to invoke the jurisdiction of this Forum as per law. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced: 07.09.2016.

                                                                                                ( ASHOK KUMAR GARG)

                                                                                           PRESIDENT

 

 

 

                                                                                          (S.C.SHARMA)

                                                                                           MEMBER