Presented by Sri B. K.Pati, Member . <br /> The present complaint pertains to deficiency in service as provided under the Consumer Protection Act-1986 and its brief fact is as follows:-<br /> <br /> The Complainant purchased one TATA D'Van(909) bearing Regd. No. OR-17-D-7158 on Dt.02/02/2006 under finance from the Opposite Party No.1(one), the loan amount to be paid in 46 (forty six) equal monthly installments of which the Complainant has already paid 31(thirty one) equal monthly installments till date. The Complainant could not pay three equal monthly installment due to financial difficulties and on Dt.10/12/2008 some agent of the Opposite Parties came and forcibly took away the vehicle along with all the documents kept in the vehicle. The Opposite Parties had neither issued any notice nor levied any penal interest and also have not utilized twenty five number of cheques issued to them by Complainant as security. The Complainant has already spent a substantial amount to own the vehicle besides regularly paying the service charges to the Opposite Parties and such forcible possession of the vehicle by the Opposite Parties with out taking resort to legal means amounts to deficiency of service, unfair trade practice violating consumer/service provider relationship.<br /> <br /> The Complainant claims from the Opposite Parties Rs.35,000/-(Rupees thirty five thousand)only as compensation, Rs.10,000/-(Rupees ten thousand)only for loss sustained with interest at the rate of 12%(twelve percent) per annum chargeable over the amount, besides litigation expenses, and immediate release of the vehicle and hand over the same to the Complainant.<br /> <br /> The Opposite Parties in their version question the maintainability of the complaint on the ground that, the subject matter pertains to personal service with the complaint and the Opposite Parties and cannot be tried in this Forum. Besides, as per the agreement the case would have been filed in a court of Kolkata having exclusive jurisdiction over the same. The Opposite Parties contend that as per the terms and condition of the agreement, the Opposite Parties had the right to take such repossession. The Opposite Parties also say that the Complainant was a chronic defaulter and on Dt.10/12/2008 when he could not pay three equal monthly installments amounting to Rs.48,603/-(Rupees forty eight thousand six hundred three)only to the officials of the Opposite Parties who had gone to realize the amount the officials peacefully repossessed the vehicle with a assurance to the Complainant that the vehicle would be released on payment of the installments dues within seven days. The Opposite Parties have communicated to the Complainant before selling the vehicle vide letter Dt.13/12/2008. The Complainant failed to make any payment and the vehicle was auction/sold on Dt. 31/12/2008 to one Dilip Biswas of Kolkata and was delivered to the purchaser on Dt.01/01/2009. Hence the release of the vehicle does not arise at all and the Opposite Parties have done every thing under the terms of the agreement between the Parties. And so there can not be any deficiency of service on the part of the Opposite Parties towards the Complainant.<br /> <br /> The Opposite Parties prays for dismissal of the case with cost.<br /> <br /> Perused the Complaint the version of the Opposite Parties along with the copies of documents filed and find as follows:-<br /> <br /> The Complainant is a loanee and the Opposite Parties are lenders involved in rendering financing service and the relationship between the Complainant and the Opposite Parties being that of financer and loanee, the Complaint is maintainable under the provisions of Consumer Protection Act-1986. The Opposite Parties carry business under the territorial jurisdiction of this Forum and the alleged provision of making the case triable under Kolkata jurisdiction in their agreement is both arbitrary and illegal. The Opposite Parties have not served prior notice to the Complainant before taking repossession of the vehicle and neither they have utilised the twenty five number of cheques issued to them by Complainant as security. The Opposite Parties also have not proved the receipt of their letter Dt.13/12/2008 by the Complainant before the alleged selling of the vehicle by them. The auction sale claimed to have been made by the Opposite Parties appears to be false and fabricated as they have failed to prove the same. The letter of transfer supposedly made to the R.T.O. does not mention the District or Region he represents. Neither the station or the local area represented by the Registering authority is mentioned in the copies of Application Form No. 29, 30, 35 and 36. On the whole the repossession and alleged auction sale of the vehicle made by the Opposite Parties is totally arbitrary and illegal and the alleged sale has not been established by the Opposite Parties. The copy of documents filed by the Opposite Parties towards the sale appears to be false and fabricated. The Complainant has been subjected to both financial loss and harassment by the illegal repossession and alleged auction sale of the vehicle which amounts to deficiency of service committed by the Opposite Parties towards the Complainant.<br /> In the result, the Opposite Parties are directed, jointly and severally, (a) to release and handover the possession of the vehicle (TATA D'Van 909) bearing Regd. No. OR-17-D-7158 and pay a sum of Rs.15,000/-(Rupees fifteen thousand) only towards compensation for mental agony and litigation expenses to the Complainant within thirty days hence, failing which the amount shall carry 18%(eighteen percent) interest per annum till the date of payment. <br /> <br /> (b) The Opposite Parties shall not claim interest over the loan amount w.e.f. Dt.10/12/2008, the date on which the vehicle was repossessed by the Opposite Parties, till the date of returning and handing over the vehicle to the Complainant.<br /> <br /> (c ) The Complainant shall commence paying the balance equal monthly installments w.e.f. the next month of receiving back the vehicle.<br /> <br /> Complaint allowed accordingly.<br />