Haryana

Karnal

CC/195/2023

Dinesh Malik - Complainant(s)

Versus

Mahindra & Mahindra Financial Services Limited - Opp.Party(s)

S.S. Moonak

21 Sep 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                        Complaint No. 195 of 2023

                                                        Date of instt.28.03.2023

                                                        Date of Decision:21.09.2023

 

Dinesh Malik, aged 46 years, son of Shri Ishwar Malik, resident of Mangal Colony, opposite Petrol Pump, Karnal. Aadhar card no.6091 1206 0096.

                                               …….Complainant.

                                              Versus

 

Mahindra and Mahindra Financial Services Limited, 2^nd floor 87-88, Mahila Ashram Complex, Behind Old Bus Stand, Karnal.

 

                                                                      …..Opposite Party.

 

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

      Dr. Rekha Chaudhary……Member

          

 Argued by: Shri S.S.Moonak, counsel for complainant.

                    Shri Dheeraj Sachdeva, counsel for the OP.

 

                    (Jaswant Singh, president)

ORDER:  

 

                            Vide this order we dispose off the application moved by the OP for dismissal of present complaint with the averments that complainant approached the OP to avail the financial assistance for purchase of vehicle and as per the proposal of complainant, an amount of Rs.4,23,351/- was financed and disbursed to the complainant and for the purpose, a written loan agreement no.6223532 got executed by the complainant in favour of OP. The complainant is fully conversant with the terms and conditions of the written loan agreement. The complainant and the guarantor were made to understand, before signing the agreement and after understanding all the contents of the agreement, they put their respective signatures over the documents/agreement and after going through and understanding the contents of same they have executed the written agreements and are bound by the same, the applicant/OP has hypothecation over the vehicle. Complainant has himself admitted the fact that the complainant was unable to pay the installments of the loan amount rather he had also not followed the repayment schedule of the loan. It is further averred that the present complaint is not maintainable as the complainant has already admitted in his complaint that the complainant has defaulted the installments of the loan amount. OP contacted the OP so many times and requested to pay the defaulted amount, but complainant did not pay any heed to the request of OP. Both the parties agreed to send the dispute to Arbitration, accordingly dispute arose between the parties and sent to the Arbitrator. The Arbitration proceeding has already initiated before the Arbitrator and award has already been passed in favour of the applicant/OP on 28.06.2022 and the present complaint has been filed on 28.03.2023. 

 2.            Application has been resisted by the learned counsel for the complainant by filing reply with the averments that the present applicant is not maintainable. It is stated that the signature of the complainant and his guarantor had obtained by the officials of the OP on the various blank papers, stamp papers, blank cheques/documents etc. at the time of raising the loan. The complainant had been paying the installments of the loan regularly. The complainant is not aware of any Arbitration Agreement, as OP never supplied the copies of alleged agreement. It s further stated that complainant is not aware any arbitration proceedings of the alleged award dated 28.03.2023 as the complainant has never called to join the alleged arbitration proceedings, the alleged award is not binding upon the rights of the complainant and therefore prayed for dismissal of the application.

3.             The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019, against the OP. The brief facts of the case are that complainant had purchased a car Volkswagen Polo, (Mode 2019) bearing no.HR05-BA-7828 for a sum of Rs.5,75,000/-. The said car was financed with OP for a sum of Rs.4,23,351/-. The said loan was to be repaid in 59 EMIs of Rs.9840/-. The complainant was paying the installments of the said car regularly without any default. At the time of raising the loan amount, the officials of the OP had taken blank cheques  drawn at SBI, Gharaunda and PNB, Sector-12 Karnal, which were duly singed by the complainant.  Due to spreading of corona virus in the year 2020 and some financial problems, complainant could not deposit the EMIs of the said loan regarding the said car in time. Complainant had paid 15 installments of the car to the OP and he is ready and willing to pay the balance EMIs but official of the OP is demanding loan amount in one time and OP is charging heavy and panel rate of interest on the loan amount illegally and unlawfully without any rhyme and reason. Despite payment of EMIs of the car in question, the official of the OP has snatched away the said car illegally and forcibly without giving any prior notice to complainant. The complainant never refused to pay the EMI of the car in question, however, officials of the OP are demanding overdue charges and penal interest etc. illegally and unlawfully without any justification. Hence complainant filed the present complaint.

4.             Arguments heard.

5.             Admittedly, complainant got financed his vehicle for an amount of Rs.4,23,351/- with the OP. The said amount had to be repaid in 59 installments of Rs.9840/-

6.             The complainant was defaulting the installments and due to continuous defaulting in payment , OP requested the complainant to pay the defaulted amount, but complainant did not repay the installments of the loan amount. Ultimately, OP initiated the arbitration proceedings against the complainant before the Arbitrator. The present complaint has been filed on 28.03.2023 and Arbitration Award has been passed on 28.06.2022  against the complainant prior to filing the present complaint. Hence, the Arbitration Award has already been passed and complainant has not challenged the said award before the competent court of law.

7.             Thus, in view of the above, facts and circumstances of the case, the application for dismissal of the complaint stands allowed and present complaint is hereby dismissed being not maintainable. No order as to costs. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Dated:21.09.2023

 

                                                                President,

                                                   District Consumer Disputes

                                                   Redressal Commission, Karnal.

       

(Vineet Kaushik)        (Dr. Rekha Chaudhary)

 Member                         Member