Delhi

North East

CC/149/2017

Sh. Rahis Ahmed - Complainant(s)

Versus

The Manager of Toyota Financial Services India Ltd. - Opp.Party(s)

06 Dec 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 149/17

 

In the matter of:

 

		Sh. Rahis Ahmed (Attorney) Authorized by his wife Israt Jahan (Executant) S/o Sh. Barkat Ali R/o E-49/F-80, Gali No.4 Near Shiv Mandir Janta Mazdoor Colony Delhi-110053.		Complainant
		Versus
		The Manager of Toyota Financial Services India Ltd. 12th Floor, R.G. Trade Tower, District Center, Netaji Subash Palace, Wazirpur, Delhi.		Opposite Party
			DATE OF INSTITUTION:		28.04.2017
			JUDGEMENT RESERVED ON :		05.12.2017
			DATE OF DECISION      :		06.12.2017

 

 

N.K.Sharma, President:-

Ms. Sonica Mehrotra, Member:-

 

Order Passed by Shri N.K.Sharma, President:-

 

 

ORDER

1. Briefly stated, the case of the complainant is that his wife had purchased a TOYOTA CAR Bearing No. DL1YE5205, Model ETIOS DIESEL-D-4D GD, Engine No. IND1414286, Chassis No. MBJB49BT700105071 on 5.6.2015 which was financed by the OP and EMIs on the same was fixed at                   Rs. 18,870/- against the value of the above said vehicle which was                Rs. 7,06,054/-. The complainant paid eleven EMIs with respect to the said car to OP from 20.06.2015 till 20.04.2016 to the tune of                    Rs. 2,07,570/-. However, the said vehicle got stolen on 11.05.2016 and an FIR bearing No. 013942 dated 11.05.2016 was lodged with the Crime Branch, Delhi Police after which the complainant stopped paying the EMIs to OP. That the complainant stated that the balance loan amount was Rs. 3,90,348/- against which the OP is demanding Rs. 4,90,000/- which is  Rs. 1,00,000/- in excess of the actual outstanding and the OP is delaying settlement of the above said vehicle loan and instead filed a case Before Patiala House Court against the wife of the complainant for recovery which got dismissed as withdrawn by OP vide order dated 28.02.2017 passed by Hon’ble Court of Shri Jitendra Kumar Mishra, ADJ, Distt. Patiala House, New Delhi. That lastly the wife of the complainant had got issued a legal notice served on the OP dated 1^st April 2017 contesting the excessive demand of recovery of loan with respect to the said vehicle to which the OP did not reply. Therefore this act of OP has caused financial and physical deterioration of complainant and his wife, and has caused them mental pain and agony. The complainant was constrained to file the present complaint before this Forum for directions to the OP :-  

• To settled the vehicle loan after deduction of delay.
• To pay compensation for harassing and mental agony and financial loss in the tune of Rs. 1,00,000/-.
• To pay Rs. 11,000/- the cost of litigation.

 

2. Notice was issued to OP and served upon 24.05.2017 however the OP failed to appear and was accordingly proceeded against Ex-parte vide order dated 20.07.2017.
3. Ex-parte evidence by way of affidavit filed by the complainant.
4. Written arguments file by the complainant.
5. We have heard the Ex-parte oral arguments advanced by the Ld. Counsel of the complainant and perused the case file and documentary evidence filed by the complainant in support of his grievance. It is not a long drawn or a wired dispute and the grievance of the complainant is only for settlement of the vehicle loan with the OP. The repayment schedule chart filed by the complainant is very clear that the complainant has paid Rs. 2,07,570/- i.e. Rs. 18,870 in equated eleven installments to the OP from 20.06.2015 to 20.04.2015 after which the car in question got stolen on 11.05.2016. Therefore the outstanding loan amount is Rs. 3,90,348/-  and the demand of Rs. 4,90,000/- towards the same by the OP amounts to unfair trade practice and is completely unlawful and unjustified.
6. We therefore direct the OP to Settle / Reconcile the vehicle loan with the complainant to the tune of Rs. 3,90,348/- (Rupees Three Lac Ninety Thousand Three Hundred and Forty Eight Only) within 30 days from receipt of this order.

We also award a sum of Rs. 5,000/- (Rupees Five Thousand Only) towards harassment, mental agony and Rs. 3,000/- as cost of litigation to the complainant.

7. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
8. File be consigned to record room.

 (Announced on 06.12.2017)                                                                              

 

(N.K. Sharma)          President

(Sonica Mehrotra)             Member