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.