DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016.
Case No.757/2006
Sh. Mohd. Yusuf Malik
S/o Abdul Samad
R/o J-3/112, 3rd Floor
Krishan Kunj Extension,
Laxmi Nagar, Delhi-110092 ….Complainant
Versus
Standard Chartered Bank
Auto Loan Department
1st Floor, Indian Express Building,
ITO, New Delhi ……Opposite Party
Date of Institution : 06.12.06 (15-06-2005) Date of Order : 21.09.2016
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
O R D E R
Case was received by transfer by this forum on 6-12-2006.
Briefly stated, the case of the Complainant is that the Complainant had taken a car loan of Rs.2,90,000/- from G. Countrywide on 17.01.2001 and the remaining loan amount of Rs.1,68,000/- was transferred to the OP Bank from G. Countrywide on 27.08.03. The registration certificate of the car was kept by the OP Bank who assured that the registration certificate will be returned within 10 days of transferring the loan to the OP Bank but the OP had not returned the RC and, hence, the complainant stopped the payment of instalments. On 27.04.05 the OP sent a notice to him to deposit the loan amount. The complainant sent a reply on 14th May and demanded his RC which was lying with the OP Bank illegally. The OP on 28.05.05 sent another notice to him and threatened to settle the account upto 29.06.05. Hence, the present complaint has been filed with the following prayers-
- Direct the OP to withdraw the notice dated 27.04.05 and 28.05.05 issued against the Complainant and direct the OP to return the RC of the car to the Complainant
- Direct the OP to pay to the Complainant Rs.50,000/- as a compensation for mental harassment/agony alongwith 18% interest till the disposal of the complaint.
- Direct the OP to pay Rs.10,000/- as legal expenses.
In the written statement OP has inter-alia stated that the Complainant approached the OP Bank for overdraft facility and entered into an agreement to abide by the terms and conditions of the agreement. As per the terms and conditions the Complainant had to pay minimum due payment but despite of overdraft facility granted to him the Complainant had completed its term of operation on 29.06.05 and despite doing this, the complainant has not made the payment of overdraft availed by him. It is denied that the RC of the vehicle is lying with the OP. It is stated that the Complainant has filed this complaint with the purpose of escaping from the admitted liability and nothing else. OP has prayed for dismissal of the complaint.
Complainant has filed rejoinder to the written statement of OP. Without meeting with the averments made in the written statement the complainant has reiterated the averments made in the complaint.
Complainant has filed his own affidavit in evidence while affidavit of Sh. S. Kausar Abbas, AR has been filed in evidence on behalf of the OP.
Written arguments have been filed on behalf of the parties.
We have heard the arguments on behalf of the Complainant and have also gone through the file very carefully.
Complainant has not marked exhibit numbers on the documents as per the exhibit numbers given to them in his affidavit. However, since the case is very old, we mark the documents as Mark A to Mark F. According to the complainant himself, as deposed in the affidavit, a receipt of Rs. 1,68,800/- issued by the Maruti Countrywide on 30.6.2003 is Mark A, copy of foreclosure letter dated 7.7.2003 is Mark B and copy of No Objection Certificate dated 21.7.2003 issued by Maruti Countrywide is Mark C. These 3 documents go a long way to prove that the complainant had, infact, taken a loan from Maruti Countrywide and not from G. Countrywide as stated in the complaint and that the complainant had paid Rs. 1,68,800/- to the said company towards full and final payment on 30.6.2003 and only thereafter the said company had issued a No Objection Certificate in respect of the vehicle in question.
Mark D is the copy of the sanction of mileage account limit letter dated 27.8.2003 sent by the OP to the complainant from a perusal of which it clearly stands proved that vide Overdraft Account No. 52205460158 the OP had sanctioned a limit of Rs. 2,04,000/- to the complainant at the interest of 19.50%. Vide letter dated 28.5.2005 (copy Mark F) OP Bank had requested the complainant to make the full payment including interest due for the overdraft facility made by him on the mileage account in order to zeroise his account. Therefore, from these documents filed by the complainant himself the case of the complainant is collapsed inasmuch as the averments made in the written statement by the OP stand proved. We do not have any hesitation in holding that the complainant has filed a false and frivolous complaint before this forum against the OP with some ulterior motives.
In view of the above discussion, we dismiss the complaint with special cost of Rs. 5000/- to be paid by the complainant to the OP within 30 days from the date of receipt of copy of this order.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
Announced on 21.09.2016.
Case No. 757/06
21.9.2016
Present – None.
Vide our separate order of even date pronounced, the complaint is dismissed with special cost of Rs. 5000/- to be paid by the complainant to the OP within 30 days from the date of receipt of copy of this order. Let the file be consigned to record room.
(NAINA BAKSHI) (N.K. GOEL) MEMBER PRESIDENT
