DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA. Complaint No. CC/010/467 of 12.6.2010 Decided on: 8.9.2010 Asha Rani aged 61 years wd/o Sh.Ram Sarup r/o village Bhoglan, Tehsil Rajpura, District Patiala. -----------Complainant Versus 1. Tata Motor Finance Limited, Ground Floor, Plot No.1, Near Income Tax Office, Leela Bhawan, Patiala through its Incharge. 2. Tata Motor Finance Limited Bombay House, 24, Homi mody Street, Maharashtra through its Chairman. ----------Opposite parties. Complaint under Sections 11 to 14 of the Consumer Protection Act. QUORUM Sh.Inderjit Singh, President Sh.Amarjit Singh Dhindsa, Member Smt.Neelam Gupta, Member Present: For the complainant: Sh.K.S.Sidhu, Advocate For opposite parties: Ex-parte. ORDER SH.INDERJIT SINGH, PRESIDENT Complainant Asha Rani has brought this consumer complaint under Sections 11 to 14 of the Consumer Protection Act,1986 as amended up to date ( hereinafter referred to as the Act) against the opposite parties fully detailed and described in the head note of the complaint. 2. As per averments made in the complaint the case of the complainant is like this:- That the complainant had taken a loan of Rs.2lacs from the opposite parties vide contract No.5000322333 in the year 2008 and purchased a vehicle Tata Ace for her son namely Ranjit Kumar who used to drive the same to earn his livelihood and self employment and at the time of disbursing the loan the opposite parties had taken 20 blank cheques from the complainant and the monthly installment of Rs.6420/- was fixed which was to be paid by the complainant. That as per the fixed monthly installment complainant used to deposit the same in time. And in the month of October 2009 the complainant went to the office of opposite party no.1 as she wanted to deposit all the remaining loan amount and wanted to get the NOC of the said vehicle. So she requested the opposite parties to give the full details of the remaining amount. That as per the request of the complainant the opposite parties gave her the details dated 13.10.2009 and she was asked to deposit Rs.1,80,186.97 as full and final payment against the loan. Accordingly complainant paid Rs.1,75000/- vide receipt No.311048537 dated 21.10.2009 and complainant also further paid Rs.800/- as interest from 13.10.2009 to 21.10.2009.The opposite parties have presented the cheque of Rs.6420/- of complainant in the bank and got the remaining amount . But the opposite parties have got the total amount ofRs.1,75000/- + Rs.6420/-= 181420/- against the amount 180186/- which means they have taken Rs.1234/- extra from the complainant. That after depositing the full payment the complainant was told that she would get the NOC very soon and she was asked to come after one week. And when complainant went to office of opposite party no.1 she was told to come again after some days but complainant could not get the NOC and she had to visit the office of opposite party no.1 number of times. That after about 7 months i.e. on 5.6.2010 the complainant was called up by opposite parties and asked to collect the NOC from the opposite party no.1 but she was asked to deposit Rs.6246.97 along with interest more otherwise her vehicle would be taken into the custody by the opposite parties. As this complainant had to forcibly and under compelling circumstances deposited the cash of Rs.6320/- vide receipt No.300812426 dated 6.5.2010. That complainant was shocked to know that the opposite parties have illegally presented the cheque amounting to Rs.06420/- of the complainant on 24.4.2010 even after getting the full and final payment on 21.10.2009.The complainant was given NOC after 7 months of the full and final payment. That as mentioned earlier at the time of disbursing the loan the complainant had given 20 blank cheques to the opposite parties. Out of the twenty cheques, the opposite party no.1 encashed the 12 cheques amounting to Rs.6420/- each till 27.10.2009 and one cheque on 24.4.2010 after getting the full and final payment which is illegal. The opposite parties have presented the 5 cheques of the complainant in the bank between 21.11.2009 to 21.3.2010 even after getting the full payment on 21.10.2009 and all the 5 cheques were dishonoured which shows the malafide intention of the opposite parties. The details of the same was given by the opposite parties vide receipt dated 7.5.2010 and out of the remaining two cheques one was returned to the complainant and the remaining one is still in the custody of the opposite parties. That the vehicle of the complainant was damaged in the accident and the amount of insurance i.e. about Rs.3400/- which was to be given to the complainant was also retained by the opposite parties illegally as the insurance company has sent the cheque in the name of financer whereas complainant herself has paid all the charges for the repair of the vehicle. The amount of insurance retained by opposite parties may please be directed to be refunded to the complainant. That the opposite parties have wrongly and illegally charged Rs.1234/-extra.They have also forced the complainant to pay Rs.6320/- and also encashed the cheque amount of Rs.6420/- on 24.4.2010 of complainant even after payment of full and final amount. That by forcing the complainant to visit the office of opposite parties again and again and by not giving the NOC on time and charging the extra amount of Rs.13974/-(Rs.1234+6320+6420) and amount of insurance Rs.3400/- retained by the opposite parties is illegal, unfair trade practice and deficiency in service on their part. That action of opposite parties is arbitrary and illegal, the opposite parties have committed deficiency in service and complainant has suffered lot of harassment and mental agony. Hence this complaint. 3. Notice of the complaint was given to the opposite parties wherein they were directed to put in appearance in the Forum on 28.7.2010 but they having failed to put in appearance were proceeded against exparte on 28.7.2010. 4. In order to prove her case the complainant has tendered in evidence her affidavit,Ex.C1, copy of driving licence,Ex.C2, copy of detail,Ex.C3, copy of receipt,Ex.C4, copy of pass book,Ex.C5, copy of detail of contract termination,Ex.C6, copy of receipt,Ex.C7, copy of detail dated 7.5.2010,Ex.C8, copies of letters,Exs.C9 & C10 and copy of receipt,Ex.C11. 5. The case of complainant is that she had taken a loan of Rs.2lacs from the opposite parties vide contract No.5000322333 in the year 2008 and purchased a vehicle Tata Ace. It is also the case of the complainant that at the time of disbursing the loan the opposite parties had taken 20 blank cheques from her and the monthly installment of Rs.6420/- was fixed and as per the fixed monthly installment she used to deposit the same in time. It is also the case of the complainant that in the month of October 2009 she went to the office of opposite party no.1 to deposit all the remaining loan amount and wanted to get the NOC of the said vehicle. So she requested the opposite parties to give the full details of the remaining amount. On the request of the complainant the opposite parties gave her the details,Ex.C3 dated 13.10.2009 and she was asked to deposit Rs.1,80,186.97 as full and final payment against the loan. Accordingly complainant paid Rs.1,75000/- vide receipt No.311048537,Ex.C4 dated 21.10.2009 and she also paid Rs.800/- as interest from 13.10.2009 to 21.10.2009 @ Rs.86.07 per day. The opposite parties also presented the cheque of Rs.6420/- in the bank and got the remaining amount on 27.10.2009 which is proved by the account statement,Ex.C5. The perusal of the details dated 13.10.2009,Ex.C3 total amount of Rs.1,80,186.97 only was due. However, the opposite parties have got the total amount of Rs.1,75000/- vide receipt Ex.C4 + Rs.6420/-= 181420/- which means the opposite parties have taken Rs.1234/- extra from the complainant. It is also the case of the complainant that after depositing the full payment she was not issued the NOC inspite of repeated requests. On 5.6.2010 the complainant was called up by opposite parties and asked to collect the NOC from the opposite party no.1 but she was asked to deposit Rs.6246.97 along with interest as per the statement,Ex.C6 dated 5.5.2010.The perusal of the receipt ,Ex.C7 dated 6.5.2010 would show that the complainant deposited Rs.6320/- in cash with the opposite parties. It is also the case of the complainant that the opposite parties illegally presented a cheque amounting to Rs.6420/- on 24.4.2010 even after getting the full and final payment on 21.10.2009 which is proved by the statement,Ex.C11 dated 5.5.2010. It is also the case of the complainant that out of 20 cheques the opposite party no.1 encahsed the 12 cheques amounting to Rs.6420/-each till 27.10.2009 and one cheque on 24.4.2010 after getting the full and final payment. The statement,Ex.C8 would show that the opposite parties had presented five cheques of the complainant in the bank between 21.11.2009 to 21.3.2010 even after getting the full payment on 21.10.2009 with the result that all the five cheques were dishonoured. Out of remaining two cheques one was returned to the complainant and the remaining one is still in the custody of the opposite parties as per the version of the complainant herself. It is also the case of the complainant that her vehicle was damaged in the accident and the amount of insurance i.e. Rs.3400/- which was to be given to her was also retained by the opposite parties illegally as the insurance company had sent the cheque in the name of financer whereas she herself had paid all the charges for the repair of the vehicle. So from the evidence lead on record by the complainant it is proved that the opposite parties have wrongly and illegally charged Rs.1234/- extra and forced the complainant to pay Rs.6320/- vide receipt,Ex.C7 dated 6.5.2010 and also encashed the cheque amount of Rs.6420/- on 24.4.2010 as shown by the statement,Ex.C11 dated 5.5.2010.Thus the charging of excess amount and retaining the amount of insurance amounts to deficiency in service and unfair trade practice on the part of the opposite parties. 6. In the result we allow the complaint partly and direct the opposite parties to pay Rs.17374/- along with interest @7% per annum from the date of complaint till payment to the complainant with another sum of Rs.5000/- as compensation inclusive of costs for harassment in convenience and mental torture within a period of one month from the receipt of the copy of the order. The copy of this order be sent to the parties as per rules. File be consigned to the record. Pronounced. Dated:8.9.2010. President Member Member
| | Mr. Amarjit Singh Dhindsa, Member | HONABLE MR. Inderjit Singh, PRESIDENT | Smt. Neelam Gupta, Member | |
