Karnataka

Kolar

CC/96/2018

Sri.Ramappa - Complainant(s)

Versus

The General Manager, Bajaj Auto Finance Ltd - Opp.Party(s)

12 Jul 2019

ORDER

Date of Filing: 12.12.2018

Date of Order: 12.07.2019

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 12^TH DAY OF JULY 2019

PRESENT

SRI. K.N. LAKSHMINARAYANA, B.Sc., LLB., PRESIDENT

SMT. A.C. LALITHA, BAL, LLB.,  ……  LADY MEMBER

 

CONSUMER COMPLAINT NO. 96 OF 2018

Sri. Ramappa,

S/o. Late Muniyappa,

Door No.258, Hulibele Village

& Post, Bangarpet Taluk-563114.

Kolar District.                                                     ….  COMPLAINANT.

(In-person)

 

- V/s –

1) The General Manager,

Bajaj Auto Finance / Bajaj Finance Limited,

1^st Floor, 15^th Cross Road, J.P. Nagar,

3^rd Stage, Sarakki Industrial Area,

Bangalore-560078.

(Exparte)

2) Kishor, S/o. Srinivasan,

Aged About 45 Years,

R/at: C/o. Murali (Ex-Municipal Member),

Swarna Nagar, KGF Town,

KGF. (Proprietor of Sri Lakshmi Motors,

Bangarpet Town, Bangarpet)

(Exparte)                                                                            …. OPPOSITE PARTIES.

ORDER

BY SRI. K.N. LAKSHMINARAYANA, PRESIDENT

01.   The complainant has filed this complaint against the opposite parties and prays to direct the OP No.1 to pay a sum of Rs.3,00,000/- towards mental agony, travel expenses, vehicle repair charges, refund amount for selling the vehicle, medical expenses and such other reliefs.

02.   The brief facts of the complainant case is that, OP No.1 is the financier and OP No.2 is the dealer.  On 12.07.2010 the complainant purchased Bajaj Pulsar -150 CC two wheeler vehicle from Sri Lakshmi Motors, Bangarpet, through Bajaj Finance Limited by paying advance amount of Rs.43,000/- vide engine No. DHGBJC66814.  The complainant has paid remaining amount in 23 monthly installments at Rs.2,279/- and paid 24 installments i.e., Rs.54,696/- and on 22.07.2010 he paid Rs.3,060/- and in all the complainant paid Rs.1,00,756/- and paid one installment extra.  The said Bajaj Pulsar is having registration No. KA-08 L-5392.  The OP No.1 has informed the complainant about due of two installments without giving any notice.  The complainant has paid all the installments as per the agreement up to August 2012 and repaid the loan amount.  On 30.06.2018 the complainant and his wife went to Sri Kodandaramaswamy Mandir at Bangarpet and after performing pooja when they returned back at that time the OP No.1 has stolen the said vehicle without giving any notice and without giving any information to him.  The complainant has lodged complaint before the Bangarpet Police Station and they have not taken any action.  The said OP No.1 has cheated the complainant.  The complainant has filed documents to support his case and filed this complaint against the OPs for seeking the above set-out reliefs.

03.   The OP Nos.1 & 2 did not appear before the Forum in spite of service of notice and they have been placed exparte.

04.   The complainant has filed affidavit evidence by way of examination-in-chief and also filed list with 09 documents:-

(i) Copies of Statement of Account-Document No.1

(ii) Receipt dated: 04.12.2018 – Document No.2

(iii) Copy of PAN Card – Document No.3

(iv) Copy of vehicle RC – Document No.4

(v) Copy of Driving License – Document No.5

(vi) Copy of Voter ID – Document No.6

(vii) Copy of Aadhar Card – Document No.7

(viii) Original Receipts towards payment of installments ( 28 Nos) – Document No.8

(ix) Copy of complaint to Police station, Bangarpet, - Document No.9.

 

05.   Heard arguments of the complainant.

06.   Now the points that do arise for our consideration are that:-

(1) Whether the complainant proves deficiency of service on the part of OPs?

 

(2) Whether the complainant is entitled for the reliefs as prayed in the complaint?

 

(3) What order?

 

07.   Our findings on the above points are that:-

POINT (1) & (2):-      Are in the Negative

 

POINT (3):-      As per the final order

for the following:-

REASONS

POINTS (1) & (2):-

08.   These points are taken up together for discussion to avoid repetition of facts and reasonings.  We have perused the complaint, affidavit evidence along with documents produced by the complainant.  On 12.07.2010 the complainant by making advance amount of Rs.43,000/-has purchased Bajaj Pulsar – 150 CC two wheeler vehicle bearing registration No. KA-08 L-5392 from OP No.2 through OP No.1 financer and he has paid 23 installments as per the agreement and in all the complainant has paid a sum of Rs.1,00,756/- including one installment extra and cleared the loan in August-2012.  On 30.06.2018 the complainant and his wife went to Sri Kodandaramaswamy Mandir at Bangarpet and after performing pooja, they returned back and by that time OP No.1 has stolen the said vehicle without giving any notice and without giving any information to the complainant and cheated the complainant. 

09.   The complainant has contended that, in all, he has paid a sum of Rs.1,00,765/- and so also paid one extra installment of Rs.2,279/- and produced receipts as per Document No.8.  To support the above said fact the complainant has produced statement of accounts of Bajaj Auto Finance as per document No.1.  On perusal of the same, it reveals that, the complainant is irregular in paying the regular installments and the complainant has not paid the 16^th 17^th and 18^th installments for the month of December-2011, January-2012 and February-2012, but the complainant has paid only one installment on 16.02.2012 and thereafter he has not paid the regular installment as on the due date and there is over-due balance which the complainant is liable to pay the same.  On perusal of Document No.1 it also reveals that, on 24.04.2014 the complainant has paid a sum of Rs.4,558/- such being so, the contention of the complainant that, he has paid all the installment amount during August-2012 is not sustainable.  Further Document No.1 also reveals that, the complainant is due of Rs.14,442.14 paisa as on 19.09.2018.  The complainant has also not at all stated in his complaint with respect to repossession charges of Rs.3,540/- and so also the amount adjusted of Rs.23,982.14 paisa found in Document No.1.  On perusal of the above said facts it clearly goes to show that, the complainant has suppressed the material facts by stating that, he has paid all the installments regularly up to August-2012 and cleared the loan amount and the OPs cheated the complainant are all goes in vain.  Further the above said contention of the complainant is also contrary to the statement of accounts produced by the complainant himself.  The complainant has also not produced the loan agreement before the Forum.  Hence the contentions raised by the complainant are not sustainable and are all goes in vain.

10.   Further it is relevant to state here that, the complainant has not at all produced Final Report on the complaint filed by him as per document No.9 dated: 30.06.2018 filed before the Bangarpet Police Station and so also not produced the insurance policy certificate to know the value of the alleged Bajaj Pulsar vehicle.  Further document No.9 also does not reveals about the value of the thefted vehicle.  On perusal of the document No.1 which clearly goes to show that, the complainant is due towards outstanding loan amount and he is defaulter in making payment of the installments towards the said loan and to escape his liability he has filed this false and frivolous complaint against the OPs with an intention to gain wrongfully. 

11.   Hence in view of the facts and circumstances of the case on hand as discussed above, the complainant has failed to make out deficiency of service on the part of OPs and he is not entitled for the relief as claimed by him.  The complainant has not come to the Forum with clean hands and the said complaint is liable to be dismissed in limine and accordingly we answered point Nos.1 & 2 are in the Negative.

POINT (3):-

12.   In view of our findings on Point Nos.1 & 2 and the discussion made thereon, we proceed to pass the following:-

 

ORDER

01.   The complaint filed by the complainant is hereby dismissed with no costs. 

02.   Send a copy of this order to both parties free of cost.

 (Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 12^th DAY OF JULY 2019)

 

 

 

LADY MEMBER                             PRESIDENT