Dated: 07-03-2009


To,
The Honourable Consumer Court,
NEW DELHI


Sub: Regarding the Loan taken for Motor cycle no. DL 4S AQ 1210 vide loan no. 404372 dt. 30.11.2003. The said Motor Cycle was lifted two times in the month of Nov, 2008 by recovery agents of HDFC bank & also threatening me with dire consequences regarding the said vehicle.


Respected Sir / Madam,


It is respectfully submitted as under:-


1. That the applicant had taken the loan of Rs. 45000/- & made the down payment of Rs. 12,900/- on the above said motor cycle vide loan agreement dt. 30.11.2003 and the instalment of Rs. 2321/- per month and the said loan instalments were started from 7.12.2003 to 7.11.2005.


2. That the applicant had been paying the said instalment to the said bank through UCO Bank, Karol Bagh Branch, New Delhi and the 24 cheques of the said payment of instalment had been issued and some instalments were made in cash to the concern bank regularly. The cash instalment was made to the said bank due to the HDFC Bank’s fault only.

3. That the applicant had been paying all the instalments regularly through cheques. But in the month of April 2004 HDFC Bank’s agent had been making the allegation that the cheque had been dishonoured by the bank regarding the said vehicle due to insufficient fund in the applicant’s bank. The applicant was out of station at that time. But he made the payment through his son Mr.Varun Kumar Modi by cash and collect the cash receipt from Bank’s agent. After applicant came back to his home he had visited the UCO Bank for the same. The fault from HDFC Bank’s side only they didn’t go for the clearing of cheque at all in applicant’s bank. The applicant maintained the sufficient balance in his account on respective dates & same mentioned in the pass book also.

4. That the applicant not to pay any money to the said bank. The said bank has been threatening the applicant with dire consequences on phone & his shop regarding the said vehicle. They use to do mentally torture to the applicant.

5. That the applicant demand for the bounced cheque. The said bank replies when you will clear all the instalment then we will provide you full statement of your loan account. The applicant request for the details of bounced cheque again & again but he didn’t have any positive reply from said bank. When applicant force to make the stop payment of two instalments & he also shoot the email to the said bank the applicant got the reply from the said bank that no cheque bounce in the month of April, 2004. So, why said bank collected the instalment by cash when applicant provide him cheque. This is an unethical business practise.

6. That the agent of the said Bank had taken the said vehicle in custody two times in the month of Nov, 2008 from vikas marg without any notice & information to the applicant through the recovery agent and the same is also illegal and unlawful.

7. That the applicant also given the complaint in Shakarpur police station FIR and also made the call on 100 number to the Police regarding the lifting of his vehicle by the said recovery agent of the said bank and the applicant has also made the payment in full & final to the said bank.

8. That the applicant’s son Mr. Varun Kumar Modi has to leave his service in such a crucial period where he was working for last two years as the said vehicle has been previously lifted from in front of his office. As the applicant said many times to the bank that he had suffered from the problem of brain, please do not try to do mentally torture to me & also my son. But they do not worry at all the applicant and his son become intension due to the illegal activities of the said bank. So, Varun Kr. Modi had force to resign from his job.

9. That the applicant has suffered the huge loss of mental tension and mental agony caused by the said bank and the recovery agent of the said bank. The applicant has paid all the dues of the said bank but the said bank again come with dues.

10. That the applicant told many times if the said bank show me the bounced cheque of April 2004 he will pay the 100 times of that amount.


11. That the applicant & his family are very upset with all these illegal activities & the applicant is a law abiding and peace loving citizen of India.

12. That the applicant is not default at all in any manner whatsoever and the applicant has no intention not to make the payment of instalment of the said vehicle.



It is, therefore kindly requested you to please take immediate action on above and the cheque against the said vehicle returned to the applicant at the earliest. As the applicant and his wife both are suffered from brain injury and the applicant shall have no liability of any kind in future.




Applicant


Varun Kumar Modi
S/o Sh. D. C. Modi
R/o House No. 6052, Block No. 2, Street No. 3
Dev Nagar, Karol Bagh, New Delhi – 110005.