DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
PASCHIM MEDINIPUR.
PRESENTS : Before Ld. President : Mr. Bibekananda Pramanik.
Ld. Member : Mrs. Debi Sengupta.
Ld. Member : xxxxxxxxxxxxxx
Complaint Case No.135/2014
Sri Nimai Chandra Pal
………Complainant
Vs
Sri Ram Transport Finance Co. Ltd.
…………..OP
For the Complainant : Mr.Ashim Kumar Dutta, Advocate.
For the O.P. : Mr. Subrata Kumar Das, Advocate.
Judgement delivered on: - 10/07/2015
JUDGEMENT
Complainant’s case, in brief, is as follows:-
The Complainant is an unemployed youth and for his self employment, he made an agreement with the OP-Finance Co. for loan on 26/11/2010 for purchasing a vehicle. Accordingly, a loan of Rs.11,45,533/- was granted to him by the OP on condition to repay the said loan including interest total amounting to Rs.15,12,236/- in 45 installment @Rs.33,650/-p.m. After taking such loan, the complainant purchased the vehicle from TATA Motors and the said vehicle was registered being No.WB-41E 7185. According to terms and condition of the loan agreement, the complainant started repaying the loan by installments and thereafter as he failed to pay further installments of loan, so the OP forcibly took illegal possession of the vehicle on 18/04/2012, for which the complainant filed a case before this Forum against the OP. In that case, the matter was compromised between the parties and in terms of such compromise, the complainant paid Rs.1,13,500/- to the OP on 29/01/2013 and he took possession of the vehicle and started repaying the loan by installments. It is stated that till 31/08/2014, the complainant paid Rs.9,71.400/- in 30 installments. It is alleged that since the OP detained the vehicle for about 9 months, so the complainant could not run his business of transport and failed to repay the loan by installments and the tyre and the battery of the vehicle
Contd………….P/2
- ( 2 ) -
were damaged. Terms of agreement for repayment of the loan expired on 20/09/2014. Since the OP forcibly detained the vehicle for about 9 months, so the complainant could not run his transportation business and to repay installments of loan. It is alleged that such act of the OP amounts to deficiency in service and hence the complainant praying for an order of extending repayment period for further 9 months with a direction upon the OP not to take illegal possession of the vehicle and for other reliefs.
OP-Sri Ram Transport Finance Co. Ltd. has contested this case by filing a W/O. Denying and disputing the case of the complainant, it is the specific case of the OP that the case is not maintainable, that the petition of complaint is barred by principle of res judicata, that during pendency of the earlier complaint case, the parties to this proceeding compromised the dispute amicably, that at that time, Rs.7 lakh was due towards the hypothecated vehicle, that after payment of Rs.1 lakh by the complainant, the OP released the vehicle, that it was agreed by the complainant that he would pay entire amount within the agreement period, that the complainant failed to do so and at present a sum of Rs.13,96,508.32 became due towards the loan as calculated upto 19/03/2015. It is stated by the OP that there is no deficiency in service on his part and a with a view to kill some time and to avoid recovery proceeding, be instant case has been filed with out any cogent reason, Further according to the OP, there is an arbitration clause in the said loan agreement and the complainant can take the shelter of such arbitration clause at any time. OP therefore claims dismissal of the complainant with cost.
Point for decision
1 ) Is the complainant entitled to the reliefs, as prayed for?
Decision with reasons
Point No.1
At the very outset, it is to be stated that neither the complainant nor the OP adduced any sort of evidence, either oral or documentary. None of them has also filed the said loan agreement in question. Be that as it may, we find that admittedly, the complainant took loan of Rs.11,45,533/- on condition to repay the loan with interest total amounting to Rs.15,12,236/- in 45 monthly installments of Rs.33,650/- each. It is none but the complainant has admitted in paragraph 6 of his complaint that since in terms of such loan agreement, he failed to repay the loan amount, so the OP took possession of the vehicle and detained the same for 9 months. Subsequently, he filed a complained a case before this Forum against the OP. Admittedly, said case was ended in compromise and in terms of such compromise, vehicle was returned on payment of Rs.1 lakh by the
Contd………….P/3
- ( 3 ) -
complainant. It is the case of the OP that it was settled between them during such compromise agreement that the complainant would pay the entire amount within the agreement period. It is none but the complainant himself has admitted that he could not repay the entire loan amount during the agreement period which has ended on 20/09/2014. So admittedly the complainant, time and again, failed to repay the installments of loan in terms of loan agreement and in terms of compromise of that complaint case. Therefore we find that it was the complainant who failed to fulfill the terms of loan agreement by defaulting in repaying the installment of loan for which the OP was compelled to take possession of the hypothecated vehicle which was subsequently returned to the complainant in terms of mutual compromise in earlier complaint case on down payment of Rs.1 lakh and on the undertaking by the complainant that the entire loan amount would be paid by the agreement period i.e. by 20/09/2014. It thus appears to us that the complainant has defaulted in payment of loan in terms of admitted loan agreement and therefore we are of the view that the complainant has not come with clean hands and he cannot take the benefit of his own wrong. We also find that there was no deficiency in service on the part of the OP.
The complaint case is therefore liable to dismissed.
Hence, it is,
Ordered,
that the case be and the same is dismissed on contest but in the circumstances without any cost.
Dictated & Corrected by me
President Member President
District Forum
Paschim Medinipur
