Ms. Nipur Chandna, Member

1. In brief facts of the present case are that complainant purchased TATA LPT -1212 by availing loan of Rs. 18,63,300/-vide invoice dated 16.11.2022. OP-1 got the blanked documents signed from the complainant without explaining its contents against the loan in question.

2. It is alleged by the complainant that OP-2 & 3 with the help of 5-6 bouncers snatched the vehicle in question illegally on 15.08.2023 at UP- Bihar border, Near Gopalganj (Bihar) without any legal notice. Such act of OPs amounts to deficiency in service, criminal offence and monitory loss.

3. It is further alleged by the complainant that the complainant always complied with and make the repayment of the loan in question well in time except some delay may occurred for which panel interest was charged by OP. It is further alleged that OP-1 never provided any loan account statement despite repeated request and follow up. This act of OP clearly establish deficiency in service on its part. It is further alleged by the complainant that after retaining the vehicle for 7-8 months of impounding OP-1 sold the vehicle on 16.11.2022 for a sum of Rs. 8,25,000/- despite the fact that complainant is ready and willing to pay the loan installment regularly without any default. It is further alleged that no notice of impounding the vehicle was given which clearly reflects the malice intention for cheating/money misappropriation in sale consideration, illegally by selling in a very short amount less than the market valued for their own interest and getting the illegal benefits. It is further alleged by the complainant that OP sent the notice dated 19.08.2023 thereby calling the complainant to pay the entire loan amount in one go with interest and penalty. The complainant duly replied to the legal notice dated 16.11.2023 and further requested the OP not to sale the vehicle in question. The entire act and conduct of OPs cleanly establish the case of deficiency in service against them, hence, this complaint.

4. The present complaint case is on admission stage. We have heard the arguments advance at the bar by Ld. Counsel for complainant Sh. Rajiv Kumar and Sh. C.P Sharma and have perused the record.

5. Admittedly, in the present complaint case the complainant had taken the loan from OP-1 on 16.11.2022 for a sum of Rs. 18,63,300/- for purchasing TATA LPT-1212. The complainant himself in its para no. 5 has admitted that there was a delay on its part in making the repayment of the loan EMIs to OP-1. The complainant deliberately concealed from this Commission as to how much EMIs has been bounced till 15.08.2023 when the vehicle was impounded by OPs. The complainant has alleged that no notice was been served by OP-1 before selling the vehicle in question. The complainant has himself placed on record letter dated 19.08.2023 vide which complainant has given an opportunity to repay the loan amount and get the vehicle released.  The complainant instead of repaying the loan sent the reply to OP not to sale the vehicle in question that too after the delay of 3 months i.e. on 16.11.2023.

6. In view of the above discussion we are of the considered opinion that the complainant entered into loan agreement with OP-1. He failed to honour the terms of agreement and repay the loan EMIs as per the schedule as such OP-1 impounded the vehicle on 15.08.2023. Vide letter dated 19.08.2023 OP-1 asked the complainant to repay the outstanding loan but the complainant had not responded to the same as such as averred in the complaint OP-1 sold the vehicle in question on 16.11.2023. The complainant prima facie failed to establish any consumer dispute exist between the parties as OP-1 has acted as per the agreement agreed between the parties. As the  dispute between the complainant and OP-1 is not a consumer dispute as such the present complaint is not maintainable before this Commission, being the complainant not falling under the definition of consumer ,hence, dismissed.

7. File be consigned to record room.

8. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving an application from the parties in the registry. The orders be uploaded on www.confonet.nic.in.

Announced in open Commission on  02.04.2024.

      SANJAY KUMAR                 NIPUR CHANDNA              RAJESH

       PRESIDENT                             MEMBER                        MEMBER