BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Pankaj Abrol, s/o Sh. S.L. Abrol, #3034, Sector 37-D, Chandigarh

…..Complainant

                           V E R S U S

1]Sundaram Finance Limited, S.C.O. No. 11, First Floor, Sector – 26, Madhya Marg, Chandigarh, U.T. through its Branch Manager.

2]Sundaram Finance Limited, 21-Patullos Road, Chennai (Madras), Tamil Nadu

                                  ……Opposite Parties

CORAM:  SH.JAGROOP SINGH MAHAL PRESIDENT

              SH.SIDDHESHWAR SHARMA  MEMBER

DR.(MRS) MADHU BEHL       MEMBER

Argued by: Complainant in person.

 OPs exparte.

PER DR.(MRS) MADHU BEHL,  MEMBER

             Succinctly put, the complainant on 10.06.08 got the tempo traveler financed from the OPs. The said vehicle met with an accident on 17.06.08. As such a claim was passed by Oriental Insurance Company for a sum of Rs.6,87,400/- vide cheque no. 432613 dated 17.07.09, which was handed over to the OP-1.  The OPs promised to pay to the complainant, the relevant amount after deducting the amount of finance but till date they had not refunded the same.  The complainant stated that during that period he had paid the installments of the finance amount till date without fail.  On 22.08.09, the office of the OPs sent a message to the complainant to receive the cheque of Rs.2,70,000/- whereas as per the complainant he was entitled for Rs.3,50,000/-. The OP-1 told the complainant to continue the installments and promised that no interest would be charged and further promised to advance the amount of finance @7.26% flat, p.a. Now the OPs have calculated the amount of interest to Rs.85,000/-, even though if calculated at the above said rate, the amount comes to Rs.39,400/-.  Hence this complaint alleging that the aforesaid acts of the OPs amount to deficiency in service and unfair trade practice.

2.             Notice was sent to the OPs. Counsel for the OPs appeared and sought time to file reply and evidence. Thereafter none appeared on behalf of the OPs nor the reply and evidence was produced, accordingly the OPs were proceeded ex-parte. 

3.             The complainant led evidence in support of his contention.

4.             We have heard the complainant in person and have also perused the record. 

5.             The contention of the complainant is that the amount was financed @ 7.26%  p.a. (flat), but Annexure C-2 shows that he signed the documents indicating the interest @14.24% p.a. and the rate of additional interest as provided under article 14 sub clause 14.1, as also signed by him which is @ 30% p.a. His contention regarding the rate of interest therefore cannot be accepted. It is further his grouse that OP-1 is ready to pay the cheque of Rs.2,70,000/- whereas he is entitled to get a cheque of Rs.3,50,000/-.  His contention that the OP has calculated the amount of interest to Rs.85,000/- but according to him the amount comes out to be Rs.39,400 only. The complainant however has failed to place on record any document to substantiate that he has paid all the installments in time. We, therefore, cannot accept in the absence of receipts of payment or account statements if the instalments were paid by due dates.  Further he has failed to furnish the requisite documents i.e., Registration certificate, Permits and the insurance policy to the OP for making necessary entries at their branch office.

6.           The complainant has produced Annexure C-1 which is the copy of the cheque dated 17.7.2009 vide which the payment of Rs.6,87,400/- was made by Oriental Insurance Company to the OP.  The complainant has also produced the statement of account (now marked Annexure C-4) which shows that if the payment of all the instalments had been made by due dates, a sum of Rs.4,10,188/- would have been due from the complainant on 3.7.2009.   If the amount of Rs.4,10,188/- is deducted from the cheque amount of Rs.6,87,400/- we are left with Rs.2,77,212/- which was to be paid by the OP to the complainant.  His contention further is that they are ready to pay him Rs.2,70,000/- which shows that some of the instalments would not have been paid by the complainant or the instalments would not have been paid on due dates due to which the complainant was liable to pay additional amount of about Rs.7,000/- to the OP.  It is not understood as to from what calculation the complainant has mentioned that he is entitled to Rs.3,50,000/-. This contention of the complainant, therefore, cannot be accepted. 

7.           In this backdrop we are of the considered view that the complainant has miserably failed to make out the case regarding claim on account of damages suffered in the afore mentioned accident.  So under the facts and circumstances of the present case and foregoing discussion, we can safely conclude that the complaint merits dismissal and we order accordingly. Parties are left on their own to bear the costs.

              Certified copies of this order be sent to the parties free of charge.  The file be consigned.