IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MURSHIDABAD AT BERHAMPORE.
CASE No. CC/66/2020.
Date of Filing: Date of Admission: Date of Disposal:
06.07.20 13.01.21 29.11.23
Complainant: Uzir Sk
S/O Saifuddin Sk, Vill-Bansuha,
PO-Parulia, PS-Suti, Pin-742201
-Vs-
Opposite Party: 1.Branch Manager, HDB Financial Services Ltd.
New Ducknbunglow More, Dhuliyan,
PO-Dhuliyan, PS-Suti, Pin-742202
2.Branch Manager, HDB Financial Services Ltd.
4, Clive Row, Jardine House,
2nd Floor, Kol-700001
3.Manager, HDB Financial Services Ltd.
New No. 128/4F( Old Door No. 534) 4th Floor,
M.N. Office Complex, Greams Road, Chhenai-600006
Agent/Advocate for the Complainant : Prabir Kr. Banerjee
Agent/Advocate for the Opposite Parties : Indranil Banerjee
Present: Sri Ajay Kumar Das………………………….......President.
Sri. Nityananda Roy……………………………….Member.
FINAL ORDER
Sri.ajay kumar das, presiding member.
This is a complaint under section 12 of the CP Act, 1986.
One Uzir Sk. (here in after referred to as the Complainant) filed the case against Manager, HDB Financial Services ltd & Ors. (here in after referred to as the OP) praying for compensation alleging deficiency in service.
The material facts giving rise to file the complaint are that:-
The Complainant is an unemployed young man having no other source of income, entered into an agreement with OPs for loan for purchase a truck for himself and for his family member’s livelihood. The OP is a finance company under the name and style HDB Financial Services Ltd. being its registered head office at Chennai and collection Centre at New Duckbunglow Dhuliyan, Murshidabad. Accordingly on 04.07.19 the agreement between the Complainant and OP took place and as per agreement OP sanctioned a loan of Rs. 12,50,000/- with 41 instalments. Out of 41 instalment 35 equal instalment of Rs. 44,000/- per month and 6 instalment of Rs. 17,100/- per month were required to be paid. The Complainant as per agreement took the truck and after registration the said vehicle from RTO, Murshidabad being registration No. WB-57C0489 began to ply for his livelihood. The Complainant have been paying the monthly instalment from the month of August, 2019 and paid upto January, 2020, But all on a sudden the OP No.1 without prior intimation and notice took the said vehicle in their custody from road of Nalhati under PS Nalhati, Dist-Birbhum. Immediately the Complainant rushed to the office of OP No.1 at New Duchbunglow at Dhuliyan on 07.02.20 and the OP No.1 handed over a letter to the Complainant on the same day i.e. on 07.02.20.
The Complainant requested severally to the OP No.1 to release the vehicle and he took huge loan and the said vehicle is the only source of his income and without plying the vehicle it is not possible to pay for the instalment. But the OP No.1 paid no heed and refused to handed over the vehicle. The Complainant went to the OP on several times and due to Lock down for Covid-19 and pandemic situation the Complainant could not file the instant complaint and after that the Complainant have file the Complaint for appropriate relief.
The Complainant prayed for an order to direct the OP to hand over the vehicle or the cost for damage of Rs. 12,50,000/- with interest.
All the three OPs are contesting the case by filing written version. Their specific defence case is that the instant complaint case is not maintainable as the loan agreement contains the clause for arbitration. They have further stated that the Complainant was defaulted in paying the instalment amount and as such the Complainant has violated the terms and conditions of the loan agreement. They pray for dismissal of the instant complaint.
On the basis of the complaint and the written versions 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 nos.1,2&3
All the points are taken up together for the sake of convenience and brevity of discussion. The record shows that the Complainant did not take any steps on 04.05.21, 17.08.21, 07.03.22, 26.05.22, 26.08.22, 28.03.23, 16.06.23, 25.08.23, 17.11.23 and today i.e. on 29.11.23.
The record further shows that the Complainant was given several opportunities for filing evidence but in spite of that the Complainant has not filed evidence still today. No loan agreement is filed by the Complainant. No document is filed on behalf of the Complainant regarding the payment of instalment as alleged.
It may be pointed out that copy of loan agreement and the statement regarding non payment of the instalment has also not been submitted by the OP. But it is the established principle that the burden of proof is on the Complainant to establish his case. The Complainant did not make any attempt as is evident from the materials on record to establish his case.
In view of the matters discussed above we are of the view that the instant case is liable to be dismissed on merit against the OP.
Reasons for delay
The Case was filed on 06.07.20 and admitted on 13.01.21. 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 fails.
Fees paid are correct. Hence, it is
Ordered
that the complaint Case No. CC/66/2020 be and the same is dismissed on merit against the OP.
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
Dictated & corrected by me.
President
Member President.
