STATE CONSUMER DISPUTE REDRESSAL COMMISSION
BIHAR, PATNA
Appeal No. 178 of 2016
1. Managing Director, Mahindra and Mahindra Limited, Mahindra Towers, 5th Floor, Dr. G.M. Bhosale Marg, Worli, Mumbai- 400018
2. Divisional Manager, Mahindra and Mahindra Limited, 5th Floor, A.B.C. Building, Boring Canal Road, PS- Budha Colony, Patna
…. Appellants
Versus
1. Bulbul Kumar, Son of Dwarika Prasad Yadav, Resident of Village- Darihar, Post- Ganta More, PS- Haweli Kharagpur, District- Munger
…. Complainant/ Respondent 1st Set
2. Radha Agriculture Engineering Works, Tarapur Road, Haveli Kharagpur, Munger
3. Mahindra and Mahindra Finance Services, Second Floor, Sanjay Art Code, Royal Darbar Hotel, Mahatma Gandhi Road, Bhagalpur- 8121001
…Opposite Parties/Respondents 2nd Set
Counsel for the Appellant: Adv. Gyan Prakash
Counsel for the Respondent: Adv. Anil Kumar
Counsel for the Respondent no. 3: Adv. Shivendu Kumar Roy & Mrs. Swani Kumari,
Law officer of Mahindra Finance.
Dated 24.03.2023
As per Sanjay Kumar, President.
O r d e r
Counsel for the appellant Mr. Gyan Prakash, Advocate. & Mr. Nirmal Dwivedi an official of Mahindra & Mahindra Ltd are present. Counsel for the complainant Mr. Anil Kumar, Advocate as well as Complainant Bulbul Kumar are present. Counsel for the Mahindra & Mahindra Finance Services Mr. Shivendu Kumar Roy, Advocate & Mrs. Swani Kumari, Law Officer are present.
We appreciate the fair stand taken by the appellant in order to resolve present dispute and has agreed to comply the order passed by District Consumer Forum, Munger by providing a new tractor of same make to the complainant at his residence within 30 days. In presence of his counsel Mr. Anil Kumar, undertakes to return the old tractor which is lying at his residence as soon as new tractor is handed over to him. Before giving the possession of new tractor to the complainant, complainant shall visit the branch office of the Mahindra & Mahindra Finance Services for entering into a hypothecation agreement.
Complainant had purchased the tractor on loan provided by the Mahindra & Mahindra Finance Services and had deposited only four monthly installments against the loan account. Counsel for the Mahindra & Mahindra Finance Services states that Rs. 2,28,364/- is outstanding dues against the complainant as on 31.03.2016. However, counsel for Mahindra & Mahindra Finance Services states that without adding any further interest over said outstanding dues, Mahindra & Mahindra Finance Services is ready to accept said outstanding amount as full and final settlement of the loan account, if it is paid by the complainant within 30 days.
Complainant states that at present he is not in a position to repay the whole outstanding loan amount in one go and undertakes to repay the outstanding loan amount in 10 monthly equal installments. It is made clear that if, due loan amount is not repaid as under taken by the complainant before this Commission, Mahindra & Mahindra Finance Services is at liberty to repossess the tractor in terms of hypothecation agreement for which no notice is required to be given to the complainant.
In facts and circumstances of present case and in view of fair stand taken by the appellant –company Rs. 10,000/- granted as compensation for mental and physical harassment and Rs. 5,000/- as cost of litigation in the order as impugned in the Appeal is set aside.
Accordingly the appeal is disposed of in aforesaid terms & conditions as indicated above.
(Ram Prawesh Das) (Sanjay Kumar,J)
Member President
Md. Fariduzzama
