Noida: The district consumer commission ordered Mahindra and Mahindra Financial Services Limited on Tuesday to return Rs 8.5 lakh to Dadri resident Jitendra Singh. Singh had financed a Mahindra Verito car from the company in 2012. Despite paying all instalments, the company illegally took the car from him and sold it to someone else.The commission disposed of the matter ex parte and ordered the finance company to make the payment within a month, along with interest calculated at 6% interest from the date the complaint was filed in 2018. In addition, Rs 5,000 is to be paid towards litigation costs.The application was initially rejected by the district commission in 2022, following which Singh approached the state commission, which in turn passed an order on Sept 2, 2024, directing the DCDRC to revisit the matter on merits.Singh informed the commission that he financed the car priced at Rs 8.5 lakh from the company in 2012 for a monthly instalment of Rs 13,050. He said that as per the terms and conditions of the company, he paid all the instalments on time.“On Aug 26, 2017, a friend of mine borrowed the vehicle and took it to Ghaziabad, and when he arrived near Shahberi, some employees of the company stopped the vehicle and, at gunpoint, snatched the car from him. Later, I received a call from the financer that the car was confiscated due to outstanding instalments,” Singh told the commission.Singh said that he paid all the instalments and was willing to pay any other charges. He said he repeatedly requested to return the vehicle and made several visits to the head office and branches to deposit the money and get the vehicle back, but no action was taken.“I later learnt that my car was sold to another person without my permission. This action constitutes a deficiency in service and unfair trade practices under the Consumer Protection Act,” Singh contended.Notices were issued to the company, but in the absence of a response, it was heard ex parte.The commission observed that Singh proved his statements under oath, which the opposite party did not refute.“Despite the complainant’s repeated requests, the opposite party neither returned the vehicle nor refunded the deposited amount, which proves that the opposite party has engaged in unfair business practices and has committed fraud in its service,” the commission ruled, ordering the financier to return the entire sum financed with interest and fine within 30 days.
