| Complaint Case No. CC/12/2023 | | ( Date of Filing : 01 Feb 2023 ) |
| | | | 1. Mr. Sanjoy Acharya | | S/o Mr. Sibram Acharya, Halisahar Gobinda Basu Lane old Baruipara P.S. Halisahar, Pin - 743134, West Bengal. |
| ...........Complainant(s) | |
| Versus | | 1. Chola Mondalam Investment & Finance Company Ltd. and 12 others | | 55/55/1, Chowringee Road, Chaudhury Estate, P.S. - Maidan, Kolkata - 700071. | | 2. Chola Mandalam Investment & Finance Co. Ltd. | | CIN - L65993TN1978PLC007576, Dare House, 1st Floor, 2, N. SC. Bose Road, Parrys, Chennai - 600001, P.S. - Flower Bazar. | | 3. Mr. Vellayan Subbiah, DIN - 01138759 | | Chairman & Non-Executive Director, Chola Mandalam Investment & Finance Co. Ltd., Dare House, 1st Floor, 2, N. SC. Bose Road, Parrys, Chennai - 600001, P.S. - Flower Bazar. | | 4. Mr. N Ramesh Rajan DIN 01628318 | | Independent Director, Chola Mandalam Investment & Finance Co. Ltd., Dare House, 1st Floor, 2, N. SC. Bose Road, Parrys, Chennai - 600001, P.S. - Flower Bazar. | | 5. Ms. Bhama Krishnamurthy DIN 02196839 | | Independent Director, Chola Mandalam Investment & Finance Co. Ltd., Dare House, 1st Floor, 2, N. SC. Bose Road, Parrys, Chennai - 600001, P.S. - Flower Bazar. | | 6. Mr. Rohan Verma DIN 01797489 | | Independent Director, Chola Mandalam Investment & Finance Co. Ltd., Dare House, 1st Floor, 2, N. SC. Bose Road, Parrys, Chennai - 600001, P.S. - Flower Bazar. | | 7. Mr. M A M Arunachalam DIN 00202958 | | Non-Executive Director, Chola Mandalam Investment & Finance Co. Ltd., Dare House, 1st Floor, 2, N. SC. Bose Road, Parrys, Chennai - 600001, P.S. - Flower Bazar. | | 8. Mr. Anand Kumar DIN 00818724 | | Independent Director, Chola Mandalam Investment & Finance Co. Ltd., Dare House, 1st Floor, 2, N. SC. Bose Road, Parrys, Chennai - 600001, P.S. - Flower Bazar. | | 9. Mr. Bharath Vasudevan DIN 09104808 | | Independent Director, Chola Mandalam Investment & Finance Co. Ltd., Dare House, 1st Floor, 2, N. SC. Bose Road, Parrys, Chennai - 600001, P.S. - Flower Bazar. | | 10. Mr. Ravindra Kumar Kundu DIN 07337155 | | Executive Director, Chola Mandalam Investment & Finance Co. Ltd., Dare House, 1st Floor, 2, N. SC. Bose Road, Parrys, Chennai - 600001, P.S. - Flower Bazar. | | 11. Banking Ombudsman | | R.B.I., Kolkata, 15, N. S. Bose Road, P.S. - Taltala, Kolkata - 700001. | | 12. Finance Department, Govt. of West Bengal | | Nabnnya, P.S. - Sibpur, Howrah - 711102. | | 13. Finance Department, Govt of India | | Private Secretary Sri S. S. Nakul, 136-A, North Block, P.S. - Samsad Marg, New Delhi - 110001. |
| ............Opp.Party(s) |
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| Final Order / Judgement | Order no.2 Dated 07.02.2023 Ld. Advocate for the complainant is present. The case is taken up for admission hearing. It is the case of the complainant that on the basis of hire purchase agreement with the opposite parties, the complainant purchased one vehicle/lorry having its registration no. WB41C7070. The loan of Rs.3,08,520/- (Rupees Three Lakh Eight Thousand Five Hundred Twenty) only was sanctioned in favour of the complainant with fixed EMI of Rs.12,028/- (Rupees Twelve Thousand Twenty Eight) only per month. The opposite parties, in spite of payments of EMI, on 08.06.2017 took possession of said vehicle by force for which the complainant lodged a case before the Ld. District Court of Shrerampur and received the vehicle from court on submission of ‘Zimma Bond’. The Ld. District Court of Shrerampur pleased to pass restraining order upon the opposite parties for taking possession of the vehicle in question. In spite of such order, the opposite parties restrained the complainant at Chakda Nadia. A case was lodged and Ld. Court of Kalyani has passed an order restraining the opposite parties from selling/transferring the vehicle to any third party. The said restraining order is still subsisting. In spite of that the opposite parties took possession of the said vehicle and thereafter vide letter dated 11.04.2018 intimated the complainant that they sold the vehicle in question to a third party on 26.03.2018 for realization of the loan amount. This is utter violation of the order of the Ld. Court of Kalyani as well as Ld. District Court of Shrerampur. That apart, the opposite parties lodged CS/8061/2018 before the Ld. 17, MM Court, Calcutta which was subsequently dismissed. Hence this case. It appears from the record that the name of the complainant is Sanjoy Acharya but the complaint petition has been signed by one Sanjoy Acharjee. It is apparent from the complaint application that several cases are pending before different courts with regard to the vehicle in question. It is the case of the complainant that the vehicle was under his possession on submitting ‘Zimma Bond’ before the Ld. District Court of Shrerampur and there was a restraining order against the opposite parties. In spite of that the opposite parties took possession of the vehicle in question and sold it 26.03.2018 and it was intimated to the complainant on 11.04.2018 by the opposite parties. The instant complaint case has been filed on 01.02.2023. Therefore, it is crystal clear that the cause of action to file the case has arisen on 11.04.2018. In view of section 69(1) of the Consumer Protection Act, 2019 the instant complaint case cannot be admitted as the same has been filed beyond the statutory period of two years from the date on which cause of action has arisen i.e. 11.04.2018. Moreover, we find that opposite party nos. 11 to 12 are not necessary parties to the case. Having regard to the discussion made above, we are of the opinion that the case is barred by limitation. Hence, it is O R D E R E D that the complaint case be and the same is dismissed as barred by limitation. | |
