INDUSLND BANK LIMITED Vs. SIMARJIT SINGH

JUDGEMENT

(1.) Heard Mr. Yogesh Kanna, Advocate, for the petitioners and Mr. Simarjit Singh, the respondent, in person, through video conferencing and examined the written submission filed by them and the record of the case.

(2.) This revision has been filed against the order of State Consumer Dispute Redressal Commission, Punjab, Chandigarh, dated 26.10.2018, passed in Appeal No. 11 of 2009, (renumbered as Special Consumer Complaint No. 344 of 2008), (arising out of the order of District Consumer Disputes Redressal Forum, Sangrur, dated 04.12.2008, passed in Consumer Complaint No. 344 of 2008), whereby District Consumer Disputes Redressal Forum, has dismissed the complaint and the appeal of Simarjit Singh, filed from the aforesaid order, has been treated/converted as the original complaint before State Consumer Dispute Redressal Commission, registered as Special Consumer Complaint No. 344 of 2008 and allowed. The petitioners have been directed to pay Rs.10,80,000/- as deprecated value of the vehicle, Rs.20,00,000/- as the value of timber loaded in it on the date of taking possession, Rs.3000/- per month from 05.07.2008 till actual payment to the respondent, by way of damages. Apart from above, an interest @ 9% per anum on the aforesaid amounts and cost of Rs.40,000/- have been allowed to the respondent.

(3.) Simarjit Singh (the respondent) filed Consumer Complaint No. 344 of 2008, against Indusind Bank Limited, SCO 21, Feroz Gandhi Market, opposite Ludhiana Stock Exchange, Ludhiana, through its Branch Manager and Indusind Bank Limited, 701, Solitaire Corporate Park, 167, Guru Hargovindji Marg, Andheri East, Mumbai, through its Chairman, (the petitioners) (hereinafter referred to as the financer) for (i) release of vehicle No. PB-13 Q-8731, (ii) to give back the timber loaded in the vehicle and two trapals of 24' X 14' each, (iii) to return all the documents of the vehicles (iv) to pay of Rs.4,00,000/- as the financial loss caused the respondent, (v) to pay Rs.5,00,000/- for his mental agony, torture and pain and (vi) Rs.11,000/- as the cost of litigation. It has been stated in the complaint that the complainant had purchased a Ashoka Layland, 4018 Tusker Turbo Tractor 130 WB, bearing Chassis No. WFA 062339, Engine No. XFH-392266 and registration No. PB-13 Q-8731 (hereinafter referred to as the vehicle) from Sindh Motors Pvt. Ltd, Ludhiana, for Rs.13,50,000/- in July 2006. Petitioner-1 financed the aforesaid sale consideration and opened Loan Account No. JL-003804H, in the name of the respondent. The respondent was paying monthly instalments of Rs.35,150/- regularly. However, due to financial problem, the respondent had committed default in payment of 3 instalments. The financer issued a demand notice dated 12.03.2008, showing an amount of Rs.1,39,335/- due towards monthly instalments. Then the respondent deposited Rs.1,04,200/- on 24.03.2008, Rs.35,150/- on 06.05.2008 and Rs.36,000/- on 31.05.2008 (total Rs.1,75,350/-). The respondent had deposited total Rs.8,19,300/- up to 31.05.2008 while, according to the schedule of the instalments, he had to pay total Rs.8,08,000/- up to June, 2008. The respondent was going to Srinagar from Gandhi Dham (Gujarat) on 03.07.2008, along with the vehicle, loaded with the timber for its delivery but due to truck drivers/owners strike, he had to stay at his village Bhasaur, which was on the way to Srinagar. The respondent got filled with diesel, in the vehicle on 04.07.2008 and started his journey to Srinagar with the vehicle. As soon as he came out of his village Bhasaur, about 10-12 peoples, representing themselves to be men of the financer, stopped the vehicle and took forcible possession of it along with timber loaded in it. The financer did not give any prior notice for taking possession of the vehicle. In the vehicle, timber of Rs.20,00,000/- was loaded, which was also taken by the men of the financer. Due to highhandedness act of the financer, the consignment could not be delivered in Srinagar, which caused heavy financial loss to the respondent. The financer issued a notice dated 09.07.2008, demanding Rs.1,16,504/-, which was much more than the dues of amount of instalments. The respondent visited to the branch office of financer in Ludhiana, several times and prayed to settle the matter and release the vehicle but financer did not pay any head. On these allegations, the complaint was filed on 21.07.2008.