West Bengal

Birbhum

MA/92/2018

Bimal Ratan Mondal, S/o Shantiram Mondal, - Complainant(s)

Versus

1) Shriram Transport Finance Co. Ltd.,represented by Branch Manager, - Opp.Party(s)

23 Aug 2018

ORDER

The complainant filed an adinterim peititon, taken up for hearing and the same be treaed as M.A No. 92/2018.

The complainant stating that he purchased a vehicle being noi. WB 53B 6863 at a price of Rs. 28,35,000/- after taking financial assistance from the O.Ps for earning livelihood. On 01.01.2016 he paid Rs. 6,35,000/- as down payment and rest amount of Rs. 22, 35,000/- was taken from the O.Ps as loan with condition to repay the same by 40 installments. He already repaid of Rs. 11,63,100/-. But due to financial crisis unable to pay 2 or 3 inistaolment i.e. Rs. 77000 x 3 = Rs. 2,31,000/- and on 27.07.2018 the O.Ps with help of their men/Agents without due process of law and without complying the rules of natural justice and without serving any prior notice illegally and forceably took possession of the said vehicle. He requested the O.Ps to replace the vehicle after taking dues EMI but they refused.

Hence this case and interim petition for directing the O.Ps to release/give possession of the vehicle to the complainant on receving actual dues.

We find from the copy of the receipt that upto 28.02.2017 the complainant paid substantial protion of loan time to time and admittedly remaining protion of the loan is yet to be paid. But in no way the O.Ps could take forceful possession of the vehicle in question without due process of law.

We further find that the complainant is an unemployed youth and earning livelihood with the help of said vehicle.

We further find that O.P No.1 Financier is only concerned with recovery of their loan amount and ends of justice woukld be met up if the complainant is directed to deposit Rs. 77,000/- as lump sum to the O.P within 7 days of this order with further direction to pay EMI of Rs. 77,000/- to the o.ps till final adjustment and the O.Ps are directed to deliver possession of the vehicle in question immediately after

receipt of Rs. 77,000/- as lump sum.

Hence,

            Ordered,

                        that the adinterim petition filed by the complainant i.e. M.A No. 92/2018 is allowed.

The complainant is directed to deposit Rs. 77,000/- as lump sum to the O.P within 7 days of this order with further direction to pay EMI of Rs. 77,000/- to the o.ps till final adjustment and the O.Ps are directed to deliver possession of the vehicle in question immediately after receiving of Rs. 77,000/- as lump sum.

Thus the M.A. disposed of accordingly.