ADDITIONAL BENCH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH Date of Institution : 29.09.2022 Date of Reserve : 09.12.2025 Date of Decision : 09.01.2026 Amardev Singh aged about 67 years son of S.Surjit Singh, resident of Village Rangian, PO Dehlon, Tehsil & District Ludhiana.

……Appellant/Complainant Versus M/s Poonawala Fincorp Ltd. (Formerly M/s Magma Fincorp Ltd.), 2^nd Floor, Room No.211, Savitri Complex,-1, Dholewal, G.T. Road, Dholewal Ludhiana through its Manager.

….Respondents/Opposite parties First Appeal under Section 41 of the Consumer Protection Act, 2019 against the order dated 12.09.2022 of the District Consumer Disputes Redressal Commission, Camp Court at Ludhaina.

Quorum:-

Mr.Harinderpal Singh Mahal, Presiding Judicial Member Mrs. Kiran Sibal, Member Present:-

For the appellant : Sh.Charanpuneet Singh, Advocate For the respondent : Sh.Divyam Suri, Advocate with Sh.Sandeep Suri, Advocate HARINDERPAL SINGH MAHAL, PRESIDING JUDICIAL MEMBER This appeal has been preferred by the appellant/Complainant–Amardev Singh against the order dated 12.09.2022 passed by District Consumer Disputes Redressal Commission Camp Court at Ludhiana (in short ‘District Commission’), whereby the complaint filed by the complainant under the Consumer Protection Act (in short ‘the Act’) was partly allowed and opposite party was directed to pay Rs.70,000/- along with interest @7% per annum from the date of filing of the complaint with consolidated amount of Rs.20,000/- as compensation and litigation expenses..

It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Commission.

2. Briefly stated facts of the complaint are that the complainant purchased one car Make Maruti Swift Dzire bearing Registration No.PB-10-DN-1099 from M/s Sandhu Autos, Dholewal, Ludhiana. The complainant got fixed various accessories in the car including stereo system, center locking, seat covers, alloy wheels, lights, buffers etc., which costs more than Rs.80,000/-. The vehicle, in question, was got financed by the complainant from opposite party and at the time of obtaining the loan, the opposite party obtained his signatures on some blank papers, blank stamp papers, forms etc. by saying that these formalities are mandatory. The complainant was regularly paying the installments to the opposite parties. On 22.04.2017, the officials of the opposite party accompanied by bouncers illegally took the possession of the vehicle from Dehlon Chowk, Main Road, Ludhiana without his consent. At that time, all the original documents including R.C., invoice bill, service book etc. were lying in the dash board of the car. The complainant then approached the opposite party with the request to return the vehicle. On this, the opposite party demanded Rs.2,54,838/- from the complainant. The opposite party sent a false notice dated 24.04.2017 demanding Rs.2,54,838/-. After due deliberations and discussions, the matter was settled for a sum of Rs.2,25,000/- and accordingly the opposite sent a letter dated 23.05.2017 regarding the full and final settlement of dues in sum of Rs.2,25,000/- and was called upon him to deposit the same upto 31.05.2017. The same was deposited by the complainant in two installments i.e. Rs.1,90,000/-, vide receipt dated 24.05.2017 and Rs.35,000/-, vide receipt dated 24.05.2017 with the period as specified. After that, the complainant requested the opposite party to release the vehicle as well as to issue the NOC. On this, the complainant was asked to take the delivery of his vehicle from their godown and NOC on 28.05.2017. When the complainant approached the opposite party on 28.05.2017, he was asked to come on 29.05.2017 and again when he visited the opposite party on 29.05.2017 they again given the next date and in this manner, they were dilly dallying the matter on one pretext or the other. The complainant came to know that opposite party had already sold the vehicle for a handsome