Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 27.02.2018
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to pay the insurance amount of one year with 18% interest.
- To direct the opposite party to pay Rs. 75,000/- ( Rs. Seventy Five Thousand only ) to the complainant as compensation as well as litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he wanted to purchased a hero Splendor 100CC bike for which opposite party no. 1 was ready to pay loan amount after completing the formality. After carry out of official formalities the opposite party no. 1 created subsequently a loan account no. 11041210753 for recovery of the loan of Rs. 48,240/-. The aforesaid amount was to be repaid with interest etc. in 24 equal installment of Rs. 2010/-. The complainant purchased the aforesaid motorcycle after taking loan from opposite party no. 1, on the request of opposite party no. 1 the complainant issued 24 post dated cheque of Rs. 2010/- bearing cheque no. 111851 to 111874 of State Bank of India, Rajendra Nagar branch Patna bearing account no. 10520212238.
The complainant has further stated that the aforesaid opposite party no. 1 company has drawn 11 cheques of Rs. 2010/- in favour of their company ( 111851 to 111861) and Rs. 2250/- was deposited in cash against the one dishonor cheque no. 111856 subsequently opposite party no. 1 demanded 13 CBS multicity cheque of Rs. 2010/-referring the changed banking guide lines. Thereafter the complainant further issued 13 multicity CBS post dated cheques of Rs. 2010/- i.e. from cheque no. 366101 to 366113 and prayed to return back his old 13 cheque which was earlier deposited by the complainant and was lying unused in the opposite party company but the same was not delivered to the complainant.
The complainant has alleged that opposite party company has further drawn new 13 cheque of Rs. 2010/- in favour of their account and last cheque bearing no. 366113 was drawn on 22.04.2014 but malafidely on the same day opposite party no. 1 had drawn one old cheque with cheque no. 111874 in his favour as 25th installment while only 24 installments were said to satisfy the loan facility. The complainant is not either in Government or private service and doing different work for livelihood and for this purpose he wanted to be registered for public work in public work department but in last moment he failed to register himself in PWD due to insufficiency of fund in his said bank account, which has resulted in loosing contacted work. The aforesaid fact of drawing extra 25th installment by opposite party no. 1 came to light when complainant approached State Bank of India and received photocopy of statement of account as will appear from annexure – 1.
The complainant thereafter approached opposite party no. 1 for returning the old cheque and extra amount drawn by them but opposite party no. 1 did not pay heed to his grievance and as such the complainant gave a legal notice to opposite party no. 1 vide annexure – 2.
The next grievance of the complainant is that the opposite party company has taken Rs. 1207/- from the complainant for comprehensive insurance cover for second year of the said bike but his bike was not insured by opposite party no. 1 for the best reason known to them and despite several attempts, the aforesaid amount was also not returned to the complainant. Due to the aforesaid conduct of the opposite party no. 1, the complainant had to pay penalty for registering his bike for second year.
In Para – 15 of complaint petition, it has been asserted by the complainant that after receiving legal notice the company through his lawyer and with letter dated 27.06.2014 had delivered only 2 cheques to the complainant as will appear from annexure – 3 with assertion that aforesaid cheque has not been drawn.
From record it appears than this complainant was admitted on 28.08.2014 and when the registered notice to opposite parties dated 08.09.2014 did not returned unserved then the service of notice was found valid thereafter on 20.01.2015 vakalatnama was filed on behalf of opposite party no. 1 and 2 and despite direction by this forum when the written statement was not submitted then vide order dated 14.06.2016 the opposite party were debarred from filing written statement and thereafter the case was heard ex parte and this order is being passed.
In nutcell, the complainant has asserted that despite of depositing 13 CBS fresh cheque the opposite party no. 1 has not returned the earlier cheques except 2 cheque and they had also drawn 25th installment of Rs. 2010/- illegally. They have also not got the aforesaid bike insured second time despite taking the amount. In our opinion the aforesaid fact and circumstances disclose deficiency on part of opposite parties.
For the discussion made above, the opposite parties are, hereby directed to pay the insurance amount of second year of bike with interest upto date within the period of two months from the date of receipt of this order or certified copy of this order failing which opposite parties will pay 10% interest on the insured amount till its final payment.
Opposite parties are further directed to return one excess installment of Rs. 2010/- which has been drawn by opposite parties as 25th installment.
Opposite parties are further directed to return the unused 13 old cheques which were given by the complainant to the opposite parties.
Opposite parties are further directed to pay Rs. 5,000/- ( Rs. Five Thousand only ) to the complainant by way of compensation and litigation costs within the stipulated period of two months.
Accordingly, this complaint stands allowed to the extent referred above.
Sd/- Sd/-
Member President
