ASHISH DAHIYA Vs. SWAN MOTORS

JUDGEMENT

(1.) THIS revision petition under Section 21 (b) of the Consumer Protection Act, 1986 (for short Act) has been filed by petitioner for setting aside the order dated 20.12.2010 passed by Haryana State Consumer Disputes Redressal Commission, Panchkula (for short State Commission).

(2.) BRIEF facts of the case are that petitioner had booked Tata Sumo Grande EX vehicle with the respondent and had approached Tata Sumo Finance for the purpose of sanction of loan for purchasing the vehicle. Petitioner got delivery of the vehicle from the respondent on 2.9.2009 by depositing the margin money of Rs.2,80,675/- and made a request that the balance amount of loan would be paid within seven days by the financer. Later on, Finance Company cancelled his request for sanctioning of loan. However, petitioner got issued a cheque for Rs.4,35,000/-, which was dishonoured by the Bank. After bouncing of the cheque, respondent has filed a complaint against petitioner under Section 138 of the Negotiable Instruments Act.

(3.) IT is further stated that on 2.9.2009, petitioner deposited the amount of Rs.80,675/- as balance margin money. However, balance amount of Rs.4,35,000/- supposed to be paid by the Finance Company, had not been disbursed, as the loan was not sanctioned. At the request of the petitioner on 2.9.2009, respondent delivered the vehicle and petitioner also signed an undertaking and acknowledgement that if in case due to any reason Bank/Financer is unable to disburse the loan to you within seven days from today, we will compensate you to making payment for the balance amount and till that time, we have the excusive lien on the above mentioned car. Also the original documents will be handed over to us only after the entire payment has been made to Swan Motors Pvt. Ltd. The Finance Company rejected his loan application and petitioner was asked to make the balance payment of Rs.4,35,000/- along with interest. In the month of April, 2010, petitioner issued a cheque No.489707 dated 7.4.2010 for a sum of Rs.4,35,000/- but the said cheque was dishonoured due to funds insufficient vide Bank memo dated 17.4.2010. Respondent filed a complaint under Section 138 of Negotiable Instrument Act against the petitioner, which is pending in the court of Shri Mohit Aggarwal, learned JMIC, Sonepat. IT is further stated that petitioner with the intention to escape and delay the liabilities towards the respondent, has filed the present false and frivolous complaint.