DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
PATIALA.
Consumer Complaint No.147 of 8.4.2016
Decided on: 18.5.2017
Harpal Singh son of Sh.Mahel Singh, resident of House No.100, Villatge Rasulpur Jorhan, Tehsil and District Patiala.
…………...Complainant
Versus
Tata Motors Finance Ltd. # 20-FF, City Centre, Near 22 No.Phatak, Patiala through its Branch Manager.
…………Opposite Party
Complaint under Section 12 of the
Consumer Protection Act, 1986.
QUORUM
Smt. Neena Sandhu, President
Smt. Neelam Gupta, Member
ARGUED BY:
Sh.A.S.Dhindsa,Advocate, counsel for the complainant.
Sh.R.K.Pandey,Advocate, counsel for the Opposite party.
ORDER
SMT.NEENA SANDHU, PRESIDENT
Sh. Harpal Singh has filed this complaint under Section 12 of the Consumer Protection Act,1986 ( hereinafter referred to as the Act) against the Opposite Party (hereinafter referred to as the O.P.) praying for the following reliefs:-
- To issue the NOC with regard to the loan account and the vehicle
- To pay Rs.75,000/- as compensation on account of mental agony and physical harassment suffered by him
- To pay Rs.25,000/- as litigation expenses.
- To grant any other relief, which this Forum may deem fit.
2. In brief, the case of the complainant is that he purchased truck make TATA model LPT 3118TC156, bearing registration No.PB-11-AU-7202, chassis No.MAT466404B5E09793 and engine No.11E63137828, from SJS Motors, Opp. Dewan Textile, Roorkee Road, NH-58, Daurala District Meerut (UP) for an amount of Rs.18,90,000/- vide invoice No.349( Book No.07) dated 10.6.2011. He got the same financed from the OP vide contract No.5000733421 dated 28.5.2011 (bearing client ID No.2001265444. The loan amount was agreed to be repaid in installments. He cleared the entire loan amount alongwith interest and the contract was terminated on 30.7.2014.Thereafter, he requested the OP for the issuance of the NOC but the OP flatly refused to issue the same stating that the same cannot be issued for want of mentioning correct engine number, chassis number and registration number.He wrote letter dated 6.7.2015 for the correction of the details to the OP but the OP did not pay any heed to his request. Finding no alternative, he also got served a legal notice dated 2.3.2016 upon the OP requesting for the issuance of NOC. But the OP neither responded the legal notice nor any needful was done , which amounts to deficiency in service on the part of the OP and caused mental agony and physical harassment to him.
3. On being put to notice, OP appeared and filed the written version. It is admitted that the complainant purchased the truck make TATA model LPT 3118 TC 156 after having availed loan from it. It is further stated that as per its record the vehicle bearing No.HR-55N-8740, having chassis No.MAT466404B5E09519 and engine number 11E63134616 was financed to the complainant but he is demanding NOC pertaining to vehicle bearing registration No.PB-11-AU-7202, chassis No.MAT466404B5E09793 and engine No.11E63137828. So there is great confusion for the OP regarding the correct detail of vehicle. It is stated that the OP is verifying the records of the dealer SJS Motors from where the vehicle was purchased by the complainant. After getting the correct details of the vehicle and completion of necessary formalities, NOC will be issued to the complainant .There is no deficiency of service on its part. After denying all other averments of the complaint, it is prayed to dismiss the complaint.
4. On being called to do so, the ld. counsel for the complainant has tendered in evidence affidavit of the complainant ,Ex.CA alongwith documents Exs.C1 to C8 and closed the evidence.
The ld. counsel for the OP tendered in evidence affidavit of Sh.Harsimranjit Singh, Branch Manager,Ex.OPA alongwith documents Exs.OP1 to OP6 and closed the evidence
5. We have heard the ld. counsel for the parties, gone through the written arguments filed by the ld. counsel for the complainant and have also gone through the record of the case, carefully.
6. From the sale invoice dated 10.6.2011, Ex.C1, it is evident that the complainant had purchased a new TATA Diesel vehicle Model LPT 3118TC156 having engine No.11E63137828 and chassis No.MAT466404B5E09793, from SJS Motors, Daurala, District Meerut(U.P.).From the perusal of certificate dated 10.6.2011, Ex.C2, & Sale Certificate( Form No.21) dated 10.6.2011, Ex.C3, issued by SJS Motors, it is evident that the model number, chassis number & engine number, mentioned therein, tally with that of sale invoice. From the perusal of certificate of registration, Ex.C4, issued by Govt. of Punjab, it is evident that TATA Diesel vehicle Model LPT 3118TC156, bearing registration No. PB11AU7202, having chassis No.MAT466404B5E09793 and engine No. 11E63137828, was purchased by the complainant from SJS Motors and the name of the financer has been mentioned as Tata Motors Finance Pvt. Ltd. Thus from the said certificate, it is abundantly clear that the vehicle for which the complainant is asking for the NOC was duly financed by the OP. Undoubtly, the OP has assured the complainant to issue the NOC after verifying the details about the vehicle from the seller.Admittedly complainant paid the entire loan amount and the OP terminated the agreement on 30.7.2014. It is strange to note that the OP even after passing of two years, from the date of termination of loan agreement, could not check and verify the correct details of the vehicle in question from seller and are dilly dallying the matter on one pretext or the other. This clearly shows the callousness on the part of the OP and speaks volume about its negligence. Therefore, we do not hesitate to conclude that OP is not only liable to issue the NOC with regard to the vehicle in question but is also liable to compensate the complainant for causing mental agony and physical harassment alongwith litigation expenses.
In view of the aforesaid discussion, we allow the complaint and direct the OP in the following manner:
- To issue the NOC with regard to the vehicle in question
- To pay Rs.20,000/- as compensation on account of mental agony and physical harassment
- To pay Rs.10,000/- as litigation expenses.
The OP is further directed to comply the order within a period of 30 days from the date of the receipt of the certified copy of this order. Certificate copies of this order be sent to the parties free of cost under the Rules. Thereafter, file be indexed and consigned to the Record Room.
ANNOUNCED
DATED:18.5.2017
NEENA SANDHU
PRESIDENT
NEELAM GUPTA
MEMBER
