DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.

 

Complaint Case No : CC/399/2020

Date of Institution : 11.12.2020

Date of Decision : 20.01.2023

Baldev Singh aged about 60 years son of Jawala Singh resident of H. No. B-4/757, Ghumiara Wali Gali, Janda Wala Road, Barnala, Tehsil and District Barnala, Punjab. 

…Complainant

Versus

1. The Car Dealer Association, Patran, District Barnala, Through its President Jagdish Goyal (Pappu) Owner of JP Motors, Royal Centre City, Narwana Road, Patran, District Patiala-147105. 

2. Krishana Motors and Finance, SCO 17-18, Surya Complex, Nial Bye-Pass, Patran, District Patiala-147105 through its MD/Authorized Signatory.

3. Ashok Kumar son of Hem Raj resident of Ashok Transport Adviser, Krishana Basti, Jakhal Road, Patran, District Patiala-147105.

4. Buta Singh son of Karnail Singh Kala resident of Village Haryaoo, Tehsil Patran, District Patiala-147105 (Owner of the Car). 

…Opposite Parties

5. State Bank of India, Branch Jakhal Road, Near Anaj Mandi, Patran, District Patiala-147105 Through its Manager.

...Proforma Opposite Party

 

Complaint under Section 35 of the Consumer Protection Act 2019

Present: Dr. Puneet Pabby Adv counsel for complainant.

Opposite parties exparte.  

Quorum.-

1. Sh. Ashish Kumar Grover : President

2. Smt. Urmila Kumari : Member

3. Sh. Navdeep Kumar Garg : Member

(ORDER BY ASHISH KUMAR GROVER PRESIDENT):

    The complainant Baldev Singh filed the present complaint under Section 35 of the Consumer Protection Act 2019 against The Car Dealer Association, Patran and others. (in short the opposite parties). 

2. The facts leading to the present complaint as stated by the complainant are that the opposite party No. 1 is association made by the opposite parties for old/used/second hand car sale purchase dealer in Patran. The opposite party No. 2 running his business of sale purchase of old vehicles like cars and others on commission basis and also doing finance of those vehicles. The opposite party No. 3 is transport adviser and gave advice to sale purchase of old vehicles. 

3. It is further alleged that in the month of June 2020 complainant approached the opposite party No. 3 to purchase for one second hand car for his personal use and opposite party No. 3 arranged a meeting of the complainant with the opposite party No. 2. The opposite party No. 2 convinced the complainant to purchase the Etios Car and for finance at the rate of 12% per annum to the loan amount if complainant needs which complainant accepted. Then on 30.6.2020 he had purchased one old Etios car model 2017 bearing No. DL-ZB1912 for Rs. 5,68,000/- from opposite party No. 2 and opposite party No. 4 is the owner of the said car and out of which complainant paid an amount of Rs. 42,000/- in cash as advance. One delivery challan cum agreement was also written by the opposite parties No. 1 to 3 regarding delivery of the car and advance payment. Thereafter, on 1.7.2020 complainant paid Rs. 52,000/- vide two cash transactions of Rs. 3,500/- and Rs. 48,500/- in the account of opposite party No. 3 bearing Account No. 32357476963 of SBI Bank i.e. opposite party No. 5. In this way complainant paid Rs. 1,00,000/- to the opposite parties No. 1 to 4. It was agreed between complainant and opposite party No. 2 that opposite party No. 2 will finance the rest amount of Rs. 4,68,000/- at the interest rate of 12% per annum and complainant will pay the same to opposite party No. 2 in 36 equal monthly installments and opposite party No. 2 has also taken two blank signed cheques bearing No. 277971 and 277972 of SBI Bank Barnala from the account of the complainant.

4. It is further alleged that after 2-3 days of purchase both opposite parties No. 2 and 3 denied to the fact of rate of interest at the rate of 12% per annum and opposite party No. 2 made 36 installments each of Rs. 21,000/-. In this way complainant will have to pay an amount of Rs. 7,60,000/- in three years including interest, thus interest rate was too high and complainant objected for the same but opposite parties No. 2 and 3 did not settle the matter and refused to accept the remaining amount of car at the rate of 12% per annum. On 27.7.2020 complainant went to Patran alongwith Vijay Kumar and Jasbir Singh residents of District Barnala to meet opposite parties No. 1 to 4 for settlement of dispute where opposite parties forcibly took the possession of the car and also documents lying in the car like affidavit, RC and other documents and also got signed some unfilled documents from the complainant and also above mentioned two cheques. The complainant many times approached the opposite parties No. 1 to 4 and requested them to comply the loan agreement of the said car at the rate of 12% per annum and accept the remaining amount of the car by way of installments or refund the amount of Rs. 1,00,000/- already paid by the complainant but to no effect. The act of opposite parties is clear deficiency in service. Hence, the present complaint is filed seeking the following reliefs.-

1) The opposite parties No. 1 to 4 may be directed to comply the loan agreement of the said car at the rate of 12% per annum and accept the remaining amount of the car by way of installments and delivery the car to the complainant or refund the amount of Rs. 1,00,000/- already paid by the complainant to the opposite parties No. 1 to 4 alongwith interest at the rate of 12% per annum from the date of payment i.e. 1.7.2020 till the date of realization and to return the two blank cheques bearing No. 277971 and 277972 and SBI Bank Barnala. 

2) To pay Rs. 50,000/- on account of compensation for mental agony and harassment and Rs. 15,000/- as litigation expenses. 

3) Any other fit relief may also be given. 

5. The opposite parties not appeared before this Commission despite service through RC AD so all the opposite parties were proceeded against exparte.  

6. In support of his complaint, the complainant tendered into evidence affidavit of Baldev Singh Ex.C-1, copy of delivery challan Ex.C-2, copy of payment receipt Ex.C-3, copy of bank deposit receipt Ex.C-4, copy of ID card and Aadhaar Card Ex.C-5, copy of certificate of fitness and copy of RC Ex.C-6, copy of insurance Ex.C-7, copy of statement of account Ex.C-8, copy of order Ex.C-9, affidavit of Vijay Kumar Ex.C-10 and closed the evidence. 

7. We have heard the learned counsel for the complainant and have gone through the record on the file. Written arguments also filed by the complainant.  

8. The main grievance of the complainant in the present complaint is that the opposite parties No. 1 to 4 have not complied with the loan agreement of the car in question at the rate of 12% per annum and accept the remaining amount of the car by way of installments and deliver the car to the complainant or to refund the amount of Rs. 1,00,000/- already paid to the opposite parties No. 3 and 4 alongwith interest. The complainant duly proved on the file vide copy of delivery challan Ex.C-2 that he purchased the Etios Car 2017 model bearing No. DL1ZB-1912 from the opposite party No. 4 through opposite parties No. 1 to 3 and made the payment of Rs. 48,000/- in advance. He also proved from copies of receipts Ex.C-3 and Ex.C-4 that he paid the amount of Rs. 3,500/- and Rs. 48,500/- to the opposite party No. 3 namely Ashok Kumar, which fact is also proved from the copy of statement of account Ex.C-8 of opposite party No. 3 Ashok Kumar. In this way he proved on the file that he totally paid Rs. 1,00,000/- to the opposite parties No. 3 and 4 against the said Etios Car. Further, in his affidavit Ex.C-1 the complainant deposed that he purchased the car Etios total for Rs. 5,68,000/- from opposite party No. 2 and opposite party No. 4 is the owner of the said car. He further deposed that in total he paid Rs. 1,00,000/- to the opposite parties No. 3 and 4 against the said car and it was agreed between the complainant and opposite parties No. 2 and 3 that they will finance the remaining amount of Rs. 4,68,000/- at the rate of 12% per annum but later on made installments on much higher rate of interest and refused to accept the remaining amount at the rate of 12% per annum. He further deposed that on 27.7.2020 when complainant alongwith Vijay Kumar and Jasbir Singh went to Patran to meet opposite parties No. 1 to 4 then they forcibly took the possession of the said car alongwith all the documents. These all facts also supported by Vijay Kumar vide his affidavit Ex.C-10. 

9. On the other hand, opposite parties No. 1 to 4 have not dared to appear and filed any written version before this Commission to rebut these allegations of complainant and intentionally preferred to remain exparte, which proved that they have nothing to say against the allegations of complainant and indirectly admitted the claim of the complainant whereas the complainant proved his case beyond any doubt by way of tendering cogent, convincing and reliable evidence on file. So, in view of the submissions made in the affidavit Ex.C-1 of complainant and evidence tendered by the complainant it is proved on the file that the opposite parties No. 3 and 4 are deficient in providing service to the complainant as promised and act of the opposite parties is clear cut  unfair trade practice and deficiency in service on their part as they have received Rs. 1,00,000/- from the complainant against the car in question and later on forcibly took the custody of the car in their possession. 

10. As a result of above discussion, present complaint is exparte partly allowed against opposite parties No. 3 and 4 and opposite parties No. 3 and 4 are directed to refund the amount of Rs. 1,00,000/- to the complainant alongwith interest at the rate of 7% per annum from the date of filing of present complaint till actual realization. The opposite parties No. 3 and 4 are also directed to pay Rs. 7,000/- to the complainant as consolidated amount of compensation on account of mental tension, harassment and litigation expenses. Compliance of the order be made within the period of 45 days from the date of the receipt of the copy of this order. The opposite parties No. 3 and 4 are jointly and severally liable to comply with the above mentioned order. Copy of the order be supplied to the parties free of costs. File be consigned to its records after its due compliance.

ANNOUNCED IN THE OPEN COMMISSION:

        20th Day of January 2023 

 

 

            (Ashish Kumar Grover)

            President

              

(Urmila Kumari)

Member

 

(Navdeep Kumar Garg)

Member