FINAL ORDER/JUDGEMENT

SHRI ASHOKE KUMAR GANGULY, MEMBER

This is an application u/s.12 of the C.P. Act, 1986.

The complainant took a vehicle loan of Rs.5,00,000/- for his vehicle no. WB02AD3820 from the OP to be repaid by 59 installments of Rs.11,700/- .each. The complainant has paid all due charges including cheque bouncing  and delay charges. The complainant received a legal notice from the OP Bank to pay a sum of Rs.44,819/- due as arrears. The matter was referred to the Consumer Grievance Cell, Govt. of West Bengal and letter dated 03.01.2019 was issued to the OP for submitting the Original Copy of Loan Agreement and break up dues of the contract no. WCC02219C. The basic two documents as mentioned was also asked for through an advocate’s letter dated 10.01.2019 which was not responded by the OP. The OP thereafter filed case in the 9^th Judicial Magistrate vide case no. CS/105129/18 against the complainant and the complainant has to take bail. The complainant asked the OP to withdraw the criminal case and requested the OP to go by the order dated 03.01.2019 of the Consumer Grievance Cell, Govt. of W.B. The OP vide letter dated 28.01.2019 informed the complainant that case under 9^th Judicial Magistrate is for not paying EMIs’ in time and  time AIC charges and is separate from that of Consumer Grievance Cell and the present dues is Rs. 39,760/-. Thereafter the Consumer Grievance Department vide their letter dated 05.02.2019   informed the complainant that because of the criminal case filed before the 9^th CJM Kolkata the mediation process is discontinued. The OP on various occasion tried to seize the vehicle but failed in their effort. The complainant approached the Commission with the prayer as mentioned in the complaint petition.

The OP through their W/V submits that a loan of Rs.5,00,000/- was sanctioned to the complainant to be repaid through 59 installments, first one being Rs.12,650/- and second to 59^th the installments being Rs.11,700/- commencing from 07.08.2015. The complainant filed complaint before Consumer Grievance Cell where the OP filed a settlement letter. The complainant filed case in the consumer court and order dated 15.02.2019 was passed to direct the complainant to make  the payment .The complainant has made the payments as per order dated 15.02.2019 and as on date there is no dues payable by the complainant and the account has been closed by the OP.

Points for Determination

In the light of the above pleadings, the following  points necessarily have come up for determination.

1)  Whether the OP is deficient in rendering proper service to the Complainant?
            2)  Whether the OP has  indulged in unfair trade practice?

           3)  Whether the complainant is entitled to get relief or reliefs as prayed for?

Decision with Reasons

Point Nos. 1 to 3 :-

The above mentioned points are taken up together for the sake of convenience and brevity in discussion.

            We have travelled over the documents placed on record. The complainant was advanced a loan of Rs.5,00,000/- by the OP for purchasing a four wheeler private car. The loan  was to be repaid by 59 instalments , first one being Rs.12,650/- and 2^nd to 59^th installments being Rs.11,700/-. We find from the record that the complainant was issued letter dated 10.07.2018 by the OP to pay the dues of Rs.28,721.37 within 7 days from the date of receipt of the letter otherwise penal action in the form of taking possession of the vehicle and further legal action both civil and criminal in nature against the complainant will be initiated  for realization of the dues under the terms  and conditions of the agreement. It appears from the record that a dispute was cropped up in between the complainant and the OP in the matter of dues including cheque dishonor charges and overdue interest for late payment and etc. Being aggrieved by the attitude of the OP the complainant  filed a complaint before the Consumer Grievance  Cell, Government of West Bengal against the OP for settlement of dispute.  The complainant  received a legal notice dated  03.12.2018 from the OP to pay the arrear dues of Rs. 44,819/- in default penal action both civil & criminal will be initiated. The complainant is having a  grievance against the OP for initiation of a criminal case in the court of 9^th Metropolitan Magistrate, Bankshall Court vide case No. CS/105129/18 dated 06.02.2019. As per his version, the case was filed when the matter was at the mediation stage of the Consumer Grievance Cell, Government of West Bengal. After words, the instant consumer complaint has been filed before this commission vide CC No. 50/2019 and order of temporary injunction was passed by this commission vide order dated  15.02.2019 with the direction to pay Rs. 40,000/- to the OP Bank in four EMIs at the rate of  Rs.  10,000/- each without right and prejudice to the parties of the consumer complaint in order to restrain the OP from seizing the subject vehicle

The complainant accordingly complied the order. In consequence thereof , the loan in dispute has been fully repaid which has been admitted by the OP in their WV and E/chief also .  Now while , perusing the prayer of the complainant we find that the complainant has prayed for direction to the OP to provide him  the original loan agreement in respect of the subject vehicle and to give the break up dues of the contract No.  WCC02219C along with other reliefs.

On review of the entire facts and circumstances of the case, it is observed that the loan has been repaid in full and the OP has admitted that there is no dues payable by the complainant. The complainant was aggrieved for filing of  criminal case against him by the OP. Specially, when the matter was under mediation before the Consumer Grievance Cell Government of West Bengal. In this matter, the commission cannot interfere into the terms and conditions of the loan agreement in between the parties. The OP is with the authority to initiate criminal proceedings against the complainant in case of default as per the terms and conditions of the loan agreement. So, for realisation of the dues from the complainant, the OP has taken action against which the commission has no reason to interfere. Since, the complainant has repaid the dues as per the order of this commissions and the OP has accepted the same and admitted that there is no dues left payable by the complainant we have no point to go in to the subject matter of the dispute any more. The complaint has primarily been adjudicated by this commission vide order dated 15.02.2019 which is binding on both the parties. Since the dues have been fully paid the OP should return the Original Loan Agreement and the break up of payment details to the complainant without any further delay if not handed over by this time. As such,  there is no further point of adjudication at this stage. Considering the  facts stated above, we are of the view that  the complainant  has established his case in part.

In the result, the consumer complaint succeeds in part.

Ordered

That the complaint case be and the same is allowed on contest against the OP in part with the following directions.

1. The OP is directed to return the Original Loan Agreemnt and break up dues of the Contract No. WCC02219 with the complainant if not given in the mean time..
2. The OP is also directed to issue the No Objection Certificate and the No Dues Certificate to the complainant against the car no. WB 02 AD 3820  immediately, if not already issued.

       No cost is imposed to any of the parties.

     The above order is to be complied within a period of 15 days from the date of the          order in default the complainant will be at liberty to put the order into execution.

    The judgment be uploaded to the website of the Commission forthwith for perusal of the parties