Haryana

Ambala

CC/18/2020

Jeet Singh - Complainant(s)

Versus

Bussan Auto Finance India Pvt Ltd - Opp.Party(s)

Dev Batra

01 Jun 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	18/2020
Date of Institution	:	10/01/2020
Date of decision	:	01.06.2023

 

Jeet Singh S/o Sh Ram Singh R/o H.No. 592, Kanshi Nagar, Modal Town, Near D.A.V Public School, Ambala City

          ……. Complainant.

                                                Versus

Bussan Auto Finance India Pvt. Ltd (A NBFC Incorporate under the Company Act 1956 having its registered office at 180-180/1, 3rd Floor, G.T Road, Ludhiana, through its office Manager at Ambala Cantt.

(IInd Address:- Bussan Auto Finance India Pvt. Ltd, through its office Manager C/o G.V Motors, #74/9, Jasmeet Nagar, Near Vita Malik Plant, Ambala City)

(Latest Correct address:- G.V. Motors Yamaha, 126-B Staff Road Palledar Maholla Football Chowk, Ambala Cantt- 133001)

….…. Opposite Party

Before:        Smt. Neena Sandhu, President.

                             Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

 

Present:       Shri Dev Batra, Advocate, counsel for the complainant.  

                                     OP already ex parte.             

Order:        Smt. Neena Sandhu, President.

1.                Complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’) praying for issuance of following directions to it:-

1. To issue 1) "No Dues Certificate" 2) "Form for cancellation of HPA with registration authority", 3) Refund Rs.5000/- of "security deposit" and 4) return 12 blank signed cheques.
2. To pay a sum of Rs.1,00,000/- as general and special damages for mental pain and sufferings and cost of traveling etc.
3. To pay litigation expenses to the tune of Rs.21,000/- to the complainant.

OR

Grant any other relief which this Hon’ble Commission may deems fit.

 

2.             Brief facts of the case are that the complainant being a father, desired to give maximum comfort to his children. As such, seeing the requirement of some two wheeler for them, the complainant planned to purchase one "Scooty". However, the obstacle was the one time full payment. In the month of November, 2015 the complainant visited G.V Motors seeking details of purchase of a Scooty. The OP seemed to be sister concern of the G.V Motors or there was some arrangement between G.V Motors & the OP therefore the officials of OP  were available at their office at Ambala Cantt as well Ambala city showroom of G.V Motors. On smelling the need of the complainant, the sales representative of the OP started alluring the complainant with several benefits to purchase the Scooty/Scooter of Yamaha Motor Pvt Ltd on finance from them. It was very simply told to the complainant that only 36 monthly installments commencing from December 2015 to November 2018, to the tune of Rs.2164/- each i.e. total amount of installments of Rs.77904/- was to be paid to the OP against total sale price of Rs.53,500/- and that thereafter the complainant would be free from all liabilities & No Dues would be issued to him. After few days, taking their words to be true, the complainant agreed to purchase one scooty/scooter from G.V Motors & financed from the OP. All documents i.e. 12 Blank signed cheques, aadhar card, Bank account details, residence proof, photographs etc were handed over to the officials of OP  on 11.11.2015. Irrespective of above documents, bundle of blank papers were got signed from the complainant on the pretext that proper loan documentation is to be prepared. After getting blank papers signed, surprisingly a new term to deposit Rs.5000/- in cash as security was dictated by the Field/sales representative of the OP. Since the complainant was not having such a huge amount at that time in cash, hence after arranging the same, Rs.5,000/- was given in cash to the OP as security, with the condition that the same would be refunded after adjusting all loan dues after November 2018. But neither receipt of the said cash payment of Rs.5000/- nor completed/filed copies of loan documents or its terms & conditions etc. were supplied on the pretext that proper loan documentation is to be prepared/typed & on getting the same typed copy of the same would be given to the complainant. Thereafter the complainant got delivery of one "Yamaha Fascino" Two Wheeler (Scooter/Scooty) of Yamaha Motor Pvt. Ltd. against sale price of Rs.53,500/- vide bill/invoice no 97, dated 11.11.2015. All documents issued by G.V Motors i.e. Invoice, Sale Certificate, Temporary Regd Certificate, etc. contained Financers Name as Bussan Auto Finance India Pvt. Ltd. The complainant started paying installments w.e.f December 2015. 1^st Installment was paid in cash of Rs.2164/- on 24.12.2015. Last installment was paid through Bank of the complainant on 08.11.2018. Hence total Rs.2164 x 36 = Rs.77904/- was paid to the OP as agreed. However on few occasions i.e. 2 or 3 times no receipt against payment was issued despite received by the OP. Irrespective of above Rs.5000/- (Security Money) was also lying deposited with the OP, which was to be refunded by the OP. All installments were deposited regularly and the complainant never failed to pay the installments. Hence nothing was outstanding against the said loan. After deposit of entire loan amount by way of last installment on 08/11/2018 i.e. in first week of December 2018 the complainant approached the OP  for issuance of "No Dues Certificate",  "Form for cancellation of HPA with registration authority, Refund of Rs.5000/- of "security deposit" and return of 12 blank signed cheques but they failed to do so. On the other hand, the OP filed recovery case/complaint against the complainant, which was contested by the complainant seeing the facts of the complainant to be correct, finally OP opted to withdraw the said suit/complaint & hence the said recovery case was dismissed as withdrawn from P.L.A Ambala. The complainant has requested the OP's number of times to release the requisite documents, but to no avail, thereby causing him mental agony, harassment and financial loss. Hence this complaint.
3.           Upon notice, none appeared on behalf of the OP, before this Commission, therefore, it was proceeded against ex-parte vide order dated 29.11.2022.
4.           Learned counsel for the complainant tendered affidavit of the complainant as Annexure CA alongwith documents as Annexure C-1 and C-24 and closed the evidence on behalf of the complainant.
5.           We have heard the learned counsel for the complainant and have also carefully gone through the case file.
6.           Learned counsel for the complainant submitted that by neither providing "No Dues Certificate" nor "Form for cancellation of HPA with registration authority nor refund of Rs.5,000/- of "security deposit"  nor  return of 12 blank signed cheques by the OP, despite the fact that all installments were deposited regularly by the complainant till 08/11/2018, the OP is deficient in providing service.
7.           It may be stated here that to prove his case, the complainant has placed on record following documents:-
   1. VAT Invoice dated 11.11.2015, Annexure C-1 and sale certificate, Annexure C-2 showing the purchase of the vehicle in question for an amount of Rs.53,500/- from G.V. Motors, Ambala, perusal of which also reveals that the said vehicle was hypothecated with the OP, as it was got financed from it.
   2. Payment receipts issued by the OP from time to time, for the period from 24.12.2015 to 24.10.2017, Annexure C-1 to C-22 respectively
   3. Statement of account Annexure C-23 colly. issued by the India Bank showing that some installments were also paid by the complainant to the OP through ECS, starting from 10.09.2018 to 2019.

 

8.           It is also the definite case of the complainant that though he had paid all the installments, yet, the OP failed to issue some receipts. It is  significant to mention here that, as stated above, notice of this complaint was sent to OP seeking its version, yet, nobody appeared on its behalf, despite service,  as a result whereof, it was proceeded against ex-parte vide order dated 29.11.2022. The non-appearance of OP shows that it has nothing to say in its defence against the allegations made by the complainant. Therefore, the assertions of the complainant went unrebutted & uncontroverted, hence, we have no reason to disbelieve the contention of the complainant. Thus, act of the OP by neither providing "No Dues Certificate" nor "Form for cancellation of HPA with registration authority nor refund of Rs.5000/- of "security deposit" nor return of twelve blank signed cheques, despite the fact that the complainant has repaid the entire loan amount by way of installments, referred to above, amounts to deficiency in providing service, which has definitely caused a lot of mental agony and harassment, including financial loss to the complainant.
9.           In view of the aforesaid discussion, we hereby allow the present complaint and direct the OP, in the following manner:- 
   1. To refund the amount of Rs.5,000/- i.e. "security deposit"  to the complainant. 
   2. To provide No Dues Certificate in respect of the loan in question; Form for cancellation of HPA with registration authority and return twelve blank signed cheques to the complainant.
   3. To pay Rs.1,500/- as compensation for the mental agony and physical harassment suffered by the complainant.
   4. To pay Rs.1,000/- as litigation expenses.

 

 The OP is further directed to comply with the aforesaid directions within the period of 45 days, from the date of receipt of the certified copy of the order, failing which the OP shall pay interest @ 6% per annum on the awarded amount, from the date of default, till realization. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced:- 01.06.2023.

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President