West Bengal

Birbhum

MA/33/2019

Suvendu Ghosh - Complainant(s)

Versus

Branch Manager, UBI, Panchswa Branch - Opp.Party(s)

18 Mar 2019

ORDER

One Suvendu Ghosh of Vill. Dhanyasara, P.S. Bolpur, Dist. Birbhum has filed an application U/s 12 of the Consumer Protection Act, 1986 (as amended up to date) against the O.P  to pass an order restraining the OP to take repossession of the tractor being No. WB 53A 6078 and for other relief. Total valuation is less than Rs. 5 Lacks. Filing of postal order is exempted in view of amended rule 9A of Consumer Protection Rule 1987.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             The case has been filed in time. Register it. Full requisites have been filed.

            The case is taken up for admission hearing as interim petition is filed.

Perused the Complainant and documents.

            Heard.

            We find prima facie case.

Let the case be registered.

The petitioner also files a petition praying for passing an interim order for restraining the OP to take possession of the tractor being No. WB 53A 6078. The petition be treated as M.A/33/2019.

Heard. Perused the petition filed by the Complainant and documents. Heard LD. Advocate/Agent of the Complainant

We find that value of said tractor is Rs. 5,55,000/- out of which the complainant paid Rs. 1,05,000/- s initial payment/down payment and the rest amount of Rs. 4,50,000/- was advance by the OP/Bank.

That the complainant took loan of Rs. 4,50,000/- as on 17/07/2010 and he made payment of Rs. 5,83,437/- till 24/07/2014 as such he paid Rs. 1,33,437/- excess amount against the principal loan amount.

That the complainant uses to run the tractor for cultivation and as such he has to maintain his livelihood and he has no other source of income except the income derive from the tractor.

That the complainant had been paying the loan amount month by month and lastly the balance of his loan account being No. 1007305616523 was Rs. 3,05,400.63/- as on 10/06/2014. That the OP/Bank asked the complainant to repay the entire loan amount otherwise he would have to face problem.

That accordingly the complainant collected the entire amount i.e. the balance loan amount after selling some valuable property and paid Rs. 3,20,000/- against the balance of Rs. 3,05,400.63/- in 3 phase.

That the OP/Bank sent a demand notice being reference no. UBI/PSW/LOAN/LAUKS/2019 dated 07/03/2019 to the complainant and in that notice they demanded Rs. 1,79,155/- and called upon the complainant to pay the said amount of Rs. 1,79,155/- within 15 days from the date of notice, failing which the bank will take possession of the aforesaid hypothecated vehicle without any further notice to him. The record shows that the complainant as he already paid the entire outstanding loan amount i.e. Rs. 3,05,400.63/- as on 10/06/2014.

 

That the petitioner requested the OP/Bank to restraining and not to take position of the said tractor the record shows that the complainant already paid entire amount of said vehicle but the OP is denied to listen anything from the petitioner of their wrongful gain and for that petitioner have no other alternative, but to file a suit against the OP for restraining and to take reposition of the said tractor.   

At this stage without going into merit of case we thing ends of justice would be met up if prayer for interim order is allowed to protect possession of the said vehicle when balance due is disputed.

Accordingly the Op is directed to not to take possession of the tractor being No. WB 53A 6078 till 24/04/2019.

Accordingly prayer for interim order (ad interim) is allowed till 24.04.2019.

Let copy of this order be supplied to the complainant at free of cost.

Let the copy of the order be sent to the OP by speed post for compliance.

Thus MA is disposed of.

Fix. 24/04/2019 for S/R and appearance.