YUDHVIR SINGH Vs. CITI BANK

JUDGEMENT

(1.) The present complaint has been filed by the complainant Sh. Yudhvir Singh against Citi Bank, New Delhi, under Sec.17 of the Consumer Protection Act, 1986 (hereinafter referred to as "the Act"), for recovery of damages and for harassment due to non-issuance of insurance cover and non-performance of the terms and conditions of the agreement.

(2.) Brief facts of the case are that the complainant Sh. Yudhvir Singh purchased a Maruti car bearing registration No. DL-4ca-5174 in April, 1991 and got it financed through O. P. Citi Bank. The price of the car was Rs.3,81,259/- and he was sanctioned Rs.3,20,000/- by the O. P. Citi bank and paid this amount directly to M/s. Vikas Motors. The complainant paid Rs.85,258/- out of which Rs.61,259/- were adjusted towards the price of the car and rest of the amount was withheld by the O. P. as part of service charges and insurance charges. The case of the complainant is that the O. P. was to get the vehicle insured and to deliver the insurance cover to the complainant within 20 days of the purchase of the vehicle but the O. P. failed to give the insurance cover to the complainant till the date of filing of the complaint i. e. , 31.1.1992. The complainant visited the office of the O. P. a number of times for taking the insurance cover and also made oral and written requests for sending the insurance cover to the complainant, but the O. P. failed to do so. According to the complainant the aforesaid vehicle met with an accident on 10.12.1991 and the O. P. was responsible for the damages. The complainant stopped the payment of instalments for the months of July, 1991, November 1991 and further instalments and sent an intimation to his Banker for stopping the payments.

(3.) The case of the complainant is that since the O. P. has committed breach of trust, as such the complainant is not liable to pay further instalments. He has claimed Rs.2 lacs as damages and further requested that the O. P. be directed to take possession of the vehicle till the damages are not paid. The complainant also requested for direction to the O. P. not to recover the amount of instalments.