West Bengal

Kolkata-II(Central)

CC/212/2022

Akash Ghosh - Complainant(s)

Versus

Cholamandalam Investment and Finance Company Ltd. - Opp.Party(s)

Asis Bhattacharya

30 Jun 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
KOLKATA UNIT - II (CENTRAL)
8-B, NELLIE SENGUPTA SARANI, 7TH FLOOR,
KOLKATA-700087.
 
Complaint Case No. CC/212/2022
( Date of Filing : 13 Jun 2022 )
 
1. Akash Ghosh
Dankuni, Lichubagan, nandan Kanan, Hooghly, Pin-712311.
...........Complainant(s)
Versus
1. Cholamandalam Investment and Finance Company Ltd.
2, N.S.C.Bose Road, Parrys Chennai-600001 and 5th Floor,55 and 55, 1, Jawaharlal Neheru Road, Chownighee Court, Kolkata, West Bengal-700071,P.S. Park Street.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Swapan Kumar Mahanty PRESIDENT
 HON'BLE MRS. Sahana Ahmed Basu MEMBER
 HON'BLE MR. Ashoke Kumar Ganguly MEMBER
 
PRESENT:Asis Bhattacharya, Advocate for the Complainant 1
 
Dated : 30 Jun 2022
Final Order / Judgement

Order No.03                 Date-30.06.2022

 

            Record is taken up for order on the point of admission.

            The matter was heard on  28.06.2022.

            The case of the complainant, in a nutshell; is that the complainant purchased a lorry bearing registeraiton No.  WB 175766 after obtaining loan of Rs. 16,50,000/- from the OP Financer on execution of loan agreement bearing No. XVFPCHD00003907299 and the EMI of Rs. 37,158/- is to be liqiduated in 59 monthly installments. On account of Covid-19 pandemic, complainant fails to pay the EMIs to the OP Financer for which he submitted a written representation to the OP Financer with a proposal of OTS at a tune of Rs.  4,00,000/- against the above  loan account. Despite of writen representation the OP did not reply. Thus, the complainant has filed the instant consumer case directing the OP Financer  to pay EMIs and issue NOC on full payment of OTS amount along with compensation.

            It is clear from the averment of the consumer complaint that vehicle loan of Rs. Rs. 16,50,000/- was sanctioned by the OP to the complainant  for purchasing a lorry bearing registeraiton No.  WB 175766 and in terms of the loan agreement bearing No. XVFPCHD00003907299 the complainant is liable to pay Rs. 37,158/- each  per month as EMIs. The total EMIs is 59.  As per terms and conditons of loan agreement, the complainant is liable to repay the loan amount within 59 months. Admittedly,  complainant failed to repay the loan amount in terms of the agreement. In our view, the complainant is bound to abide the terms and conditions of the loan agreement.  Non giving of any reply against the written reprensentation is no ground for any unfair trade practice on the part of the OP. Thus, there is no amount to unfair trade practice.

            For the reason stated above, we are not incliend to admit the complaint as there is no unfair trade practice on the part of the OP. Thus, the consumer complaint is not admitted.

 
 
[HON'BLE MR. Swapan Kumar Mahanty]
PRESIDENT
 
 
[HON'BLE MRS. Sahana Ahmed Basu]
MEMBER
 
 
[HON'BLE MR. Ashoke Kumar Ganguly]
MEMBER
 

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