Today is fixed for final order.

Petitioner is ready through his Ld. Lawyer..

Order is passed accordingly.

The fact of the case is that Ramen Sinha son of Pramath Sinha by profession automobile business filed a petition before this Forum which was registered as C.C.No.28/17 against the O.Ps.

The fact of the case is that the complainant purchase a truck bearing No.WB 59A 2878 by taking loan of Rs.5,25,000/- from O.P.No.2 being loan agreement No.XSHUIAR00001279574 in the month of September,2014. After taking loan the complainant/petitioner paid monthly installment of Rs.20,366/-  regularly. The complainant further stated that due to his personal problem he could not paid the installment for the month of October and November 2016 and on the way to Kolkata at Beldanga the muscle man of O.Ps on 04.12.16 forcefully seized the truck with all the documents of the vehicle and stated if he did not pay the arrear two months installments including interest amounting to Rs.54,000/- then they sold the truck to others. Thereafter, the complainant paid Rs.42,000/- on 22.11.2016 to the O.P.No.1 and the rest amount be paid in the month of December,2016. The complainant/petitioner further stated that he went to the office of O.P.No.1 with a demand draft of Rs.50,000/-, the O.P.No.1 stated that they did not received the amount and stated that they will refund the truck if the complainant paid the rest amount of loan i.e. Rs.2,34,000/- and if the complainant did not pay that amount they sold the truck to others.

In this case the complainant has been examined. He has filed some documents. On perusal the documents it is found that he has paid a huge amount of money towards the loan as it appears from the statement of accounts and Rs.2,34,000/- remains due. In this case the O.P did not contest the case. The evidence adduced by the complainant remains unchallenged and the complainant has been able to prove his case ex parte.

C.F. paid is correct.

Hence, it is,

                                         O r d e r e d

That the case being C.C.Case No.28/2017 be and the same is allowed on ex parte against the O.Ps but without any cost.

 The O.Ps are directed to receive the amount of Rs.2,34,000/-. If the amount is tendered by the complainant within one and half month from the date of the order the O.P will deliver the vehicle in good condition. The O.Ps are further directed not to dispose the vehicle in question by an order of injunction.

The complainant gets Rs.10,000/- as litigation. The O.Ps are further directed to pay the litigation amount to the complainant within one and half month from the date of order failing which it will carry the interest at the rate of 8% per annum on the litigation cost from the date of default till recovery. If the amount is not paid and the vehicle in question is not delivered in good condition within the time as mentioned after receiving the money, the complainant will have the liberty to execute the order as per law.

Let a copy of this order be supplied to the complainant free of cost.