DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM

WEST TRIPURA : AGARTALA

 

 

CASE NO:  CC – 06  of   2018

 

 

Sri Aninda Narayan Choudhury,

S/O- Late Anjan Choudhury,

Parvati Villa, Palace Compound,

Jagannath Bari Road Parvati Villa,

Palace Compound P.O. Agartala, 

West Tripura. .…..…......Complainant.

 

 

          -VERSUS-

 

 

Capital First, 6th Floor, Block -B,

Appejoy House, 15 Park Street, Kolkata,

West Bengal- 700016. ..............Opposite Party.

 

 

__________PRESENT__________

 

 SRI A. PAL,

PRESIDENT,

  DISTRICT CONSUMER 

 DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SMT. DR. G. DEBNATH

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

C o u n s e l

 

For the Complainant : Sri Debesh Chandra Roy,

  Sri Anjan Kanti Pal,

  Sri Rajib Nandi,

  Advocates.

      

For the Opposite Party : None appeared.   

 

  

 

 

JUDGMENT   DELIVERED   ON:  19.09.2018.

 

 

 

J U D G M E N T

This case arises on the petition filed by one Aninda Narayan Choudhury U/S 12 of the Consumer Protection Act. Petitioner's case in short is that he purchased one LG LED TV from Capital Electronics. He paid down payment Rs.7,000/- in cash rest amount is to be financed by Capital First through his Axis Bank Account. Accordingly payment of installment was completed in the month of February 2016.  Petitioner at the time of purchase handed over  the copy of PAN Card, Email ID, Mobile number  etc to the respondent. Clearance Certificate given by the Finance company on demand. When the petitioner tried to purchase one TVS Scooty from TVS Finance he was shown defaulter of previous loan from Capital First Finance. When he made contact that time respondent stated that he was defaulter for the month of September, 2015 and he had to pay Rs.10,901/-. Rs.10,901/- was collected earlier if it was not collected it is the fault of the finance Company. Finance company did not give any response. So, he filed this case for compensation. 

 

2. Notice sent to Capital First Finance company but no response given. Case proceeded exparte.

 

3. Petitioner produced his statement on affidavit also Email, letters, Bank Account Pass Book. 

 

4. We have gone through all the evidence given by the complainant. O.P. finance company is doing business at Agartala and given loan to the petitioner through the respondent at Agartala. Petitioner had taken loan from the Finance company.  He paid the loan and clearance certificate was issued by the Finance Company. After issue of clearance certificate Finance company could not demand  overdue charges and show him defaulter. The demand made for Rs.10,901/- also was improper. Information of defaulter was not sent. This is deficiency of service of the Finance company. Petitioner suffered and could not take further loan. We therefore, direct the Finance Company, Capital first to pay the petitioner compensation amounting to Rs.25,000/-(Rupees Twenty Five Thousand) and Rs.5,000/-(Rupees Five Thousand) as litigation cost. In total Rs.30,000/-(Rupees Thirty Thousand). If the amount is not paid within 2(two) months it will carry interest @ 9% P.A.    

 

      Announced.

 

 

 

 

 

SRI A. PAL

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA.

 

 

 

 

SMT. DR. G. DEBNATH,

MEMBER,

 DISTRICT CONSUMER DISPUTES 

REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA SRI  U. DAS

MEMBER,

 DISTRICT CONSUMER DISPUTES 

REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA