Haryana

Karnal

CC/459/2019

Uttam - Complainant(s)

Versus

Indo Star Capital Finance Limited - Opp.Party(s)

S.S. Moonak

10 Oct 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No. 459 of 2019

                                                          Date of instt.23.07.2019

                                                          Date of Decision 10.10.2019

 

Uttam, aged 24 years, son of Shri Jai Singh, resident of villageSheikhpura Khalsa, Tehsil Gharaunda, District Karnal (Adhar no.8107 0524 9015)

 

                                                …….Complainant.

                                        Versus

 

Indo Star Capital Finance Limited, shop no.338, 2^nd floor, Mugal Canal, Karnal, formerly known as IIFL i.e. India infoline Finance Limited through its Branch Manager.

                                                                         …..Opposite Party.

 

           Complaint u/s 12 of the Consumer Protection Act. 

 

Before    Sh. Jaswant Singh……President. 

      Sh.Vineet Kaushik ………..Member

                Dr. Rekha Chaudhary…….Member

 

 Present:  Shri S.S. Moonak Advocate for complainant.

                   Opposite party exparte.

                 

                   (Jaswant Singh President)

ORDER:                    

 

                        This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986 on the averments that complainant had purchased a truck bearing R.C. no.HR-67-A-4347 from one Shri Jagdeep Malik for a total consideration of Rs.17,00,000/-in the year 2016. Thereafter, the complainant obtained a loan of Rs.11,00,000/- on the said truck from the OP dated 31.12.2017 and the EMI of the said truck was fixed as Rs.56,542/- for a period of 24 months. The officials of the OP disbursed the loan amount to the tune of Rs.10,45,000/- instead of Rs.11,00,000/-. The complainant requested the official/s of the OP to make the balance loan amount of Rs.55,000/- to the complainant, but to no effect. At the time of raising the loan, the official of the OP got signatures of the complainant on several blank papers, pronote, blank cheques, Printed Blank Papers, stamp papers etc. etc. as well as signed blank cheques of from the saving bank account of the complainant, which were unfilled and undated. The complainant was paying the installment of the said loan amount to the OP regularly. Due to some unavoidable circumstances in the family, the complainant could not deposit some installments of the aforesaid truck with the OP. Now the official of the OP threatened the complainant either to deposit the entire loan of the truck in the one time, otherwise they will snatch away the truck in question from the complainant and will alienate the same to any other person. Due to the alleged illegal threat of the official/s of the OP the truck in question, the complainant is unable to ply the truck on the road which is the only source of income of the complainant. If they succeed in doing so then the complainant would suffer an irreparable loss and injury which cannot be compensated in terms of money cash and kind. At the time of raising of loan on the said truck, the officials of the OP had obtained the signatures of the complainant on several blank papers, printed papers with blank columns, Pronote, stamp papers etc. etc. alongwith the blank cheques, which were unfilled, undated, however, these were duly signed by the complainant. The officials of the OP have also threatened the complainant that they will misuse the said blank cheques which are in their possession by filling the amount as per their desire. Due to this act and conduct of OP complainant suffered mental pain, agony as well as financial loss apart from financial loss.

2.             Notice of the complaint was given to the OP, who did not appear and proceeded against exparte, vide order dated 30.07.2019.

3.             Complainant tendered into evidence his affidavit Ex.CW1/A and documents Ex.C1 and Ex.C2 and closed the evidence on 24.09.2019.

4.             We have heard the learned counsel of the complainant and have gone through the evidence available on file carefully.

5.             The case of the complainant is that he purchased a truck from one Shri Jagdeep Mailk for a total consideration of Rs.17 lakhs. Thereafter, complainant obtained a loan of Rs.11,00,000/- from the OP and EMI was fixed as Rs.56,542/- for a period of 24 months. Complainant paid the EMIs regularly. But due to unavoidable family circumstances the complainant could not deposit some installments. Now the OP threatened to complainant either to deposit the entire loan amount otherwise, OP snatch the truck in question. Due to this act of OP complainant is unable to ply the truck on the road which is the only source of income of the complainant for his livelihood. Complainant himself admitted in his complaint due to family circumstances the complainant could not deposit the installment of loan regularly. To rebut the evidence produced by the complainant, OP did not appear and opted to be proceeded against exparte. Hence it is well proved that service of OP is deficient.

6.             Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OP not to snatch the vehicle in question of the complainant. We further direct the OP not to misuse the blank cheques, and other documents regarding the loan amount which were signed by the complainant at the time of taking the loan. We further direct the OP to take the remaining loan amount in installment from the complainant without any penalty. This order shall be complied with accordingly. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:10.10.2019

                                                                       

                                                                  President,

                                                           District Consumer Disputes

                                                           Redressal Forum, Karnal.

               

        (Vineet Kaushik)          (Dr. Rekha Chaudhary)

            Member                               Member