IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.

                CASE No.  CC/37/2016

 Date of Filing:                    Date of Admission:                Date of Disposal:

   14.03.16                                    16.03.16                                     06.07.22

Complainant: Kuddus Sekh,

                        S/o - Mubarak Sekh,

                        Vill – Kulberia (Natunpara)

                        P.O.-Andulberiya, P.S.- Rejinagar,

                        Dist-Murshidabad

-Vs-

Opposite Party: Mahindra & Mahindra Financial Services Limited,

                           Berhampore Branch, represented by their

                           Authorized Officer at Keshbnagar Cossimbazar,

                           Jalangi Road, Banjetia, P.S.- Berhampore Town,

                           Dist- Murshidabad,

                          Pin-742102

Agent/Advocate for the Complainant                        : Pranab Kumar Das.

Agent/Advocate for the Opposite Parties                  : P. Banerjee

.

           Present:   Sri Ajay Kumar Das…………………………..........President.     

 Sri. Subir Sinha Roy………………………………….Member.                        

             Smt. Aloka Bandyopadhyay……………………..Member.

FINAL ORDER

   Sri. Ajay kumar Das, Presiding Member.

   This is a complaint under section 12 of the CP Act, 1986.

One Kuddus Sekh (here in after referred to as the Complainant) filed the case against Mahindra & Mahindra Financial Services Limited, Berhampore Branch (here in after referred to as the OP) praying for compensation alleging deficiency in service.

 The sum and substance of the complaint case is as follows:-

The Complainant purchased a four wheeler vehicle being Model No. Mahindra Bolero Pickup BS III and the said vehicle has been registered and the Registration No is WB 57-B-7843 for his livelihood. He has decided to purchase the said vehicle for Rs. 5,67,000/-. But he paid only Rs. 1,49,000/- and for paying the balance amount he took financial assistance of Rs. 4,80000/-  including interest thereon from the Opposite Party. For that reason the Opposite Party prepared an agreement paper and   the Complainant signed in the said agreement. The Opposite Party disclosed before disbursement of loan amount that the Complainant shall be paid the said loan amount in 32 equal installments amounting of Rs. 15,000/- each. At the time of execution of the said agreement, the Opposite Party promised to deliver the copy of agreement papers and other documents relating to the vehicle & finance. Thereafter, the complainant took the possession of the vehicle on 24.01.2014.

At the time of paying 14^th installment the Complainant demanded the copy of the agreement paper and all other financial papers from the Opposite Party but the Opposite Party denied the same. Then the Complainant on several occasions demanded the copy of the agreement paper and all other documents relating to the finance & vehicle but the Opposite Party neither give any proper reply nor deliver any documents relating to the finance & vehicle. Due to non-delivery of agreement paper and other relating documents the said vehicle kept in standby mode. As a result the Complainant failed to repay the further installment to the Opposite Party. Moreover the Complainant is threatening to forcibly take away the said vehicle from the Complainant by their muscleman and resale the said vehicle to the their party.

Finding no other alternative the complainant filed the instant case before the District Commission praying for an order directing the Opposite Party to supply the copy of agreement paper and all other documents relating to vehicle and for directing the O.P. to pay of Rs. 25,000/- as mental trauma and agony.  

Defence Case

 O.P. is contesting this case by filing written version wherein all material allegations of the complainant have been denied by the O.P.

The O.P. states that the borrower/complainant had executed a loan agreement in acceptance to the terms and conditions of the loan transaction bearing No.3018893 on dated 30^th January, 2014. The complainant purchased a Bolero Pick Up vehicle, bearing engine no. GHD1M13272 Chassis No. MA1ZN2GHKE1A12681, Reg. No. WB57B7843. On 15^th May, 2017 the Complainant was supposed to pay 14^th installments, whereas, the Complainant has paid only 13^th installments. The Complainant is defaulter in respect of the payment of installments. He prays for dismissal of the complaint.

On the basis of the complaint and written version the following points are framed for proper adjudication of the case:

Points for decision

1. Is the Complainant a consumer under the provision of the CP Act, 1986?

2. Has the OP any deficiency in service, as alleged?

3. Is the Complainant entitled to get any relief, as prayed for?

Decision with Reasons:

Point no.1, 2 & 3

All the points are taken up together for the sake of convenience and brevity of discussion.

The point to be noted is that the Complainant files hazira but he is found absent on call. Today is fixed for argument. Ld. Advocate for the O.P. takes part in the argument.

The Complainant prays for an order directing the Opposite Party to supply the copy of agreement paper and all other documents relating to vehicle and for directing the O.P. to pay of Rs. 25,000/- as mental trauma and agony.

 Ld. Advocate for the O.P. submits at the time of arguments that they are ready to supply the copy of agreement and all other documents relating to vehicle.

So far as the compensation of Rs. 25,000/- is concerned, he humbly prays before this Commission that  on 15^th May, 2017 the Complainant was supposed to pay 14^th installments, whereas the Complainant has paid only 13^th installments. Such being the position the O.P. is suffering from great loss of money, and as such he prays for not to pass any order regarding compensation.

Considering the facts and circumstances of the case we are of the view that necessary direction may be given to the Opposite Party to supply the copy of agreement and all other documents relating to vehicle to the Complainant.

Reasons for delay

The Case was filed on 07.08.19 and admitted on 19.08.19. This Commission tried its level best to dispose of the case as expeditiously as possible in terms of the provision under section 13(3A) of the CP Act, 1986. Delay in disposal of the case has also been explained in the day to day orders.

In the result, the Consumer case is allowed in part.

 Fees paid are correct. Hence, it is

Ordered

that the complaint Case No. CC/37/2016 be and the same is allowed in part on merit without costs.

The O.P. is directed to supply the copy of agreement and all other documents relating to vehicle to the Complainant within 45 days from the date of this order in default O.P. is liable to pay cost of Rs. 100/- per day to the Complainant. 

Let plain copy of this order  be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand  /by post under proper acknowledgment  as per rules, for information and necessary action.

The Final Order will also be available in the following Website:

    confonet.nic.in