West Bengal

Birbhum

MA/19/2023

Nafijul Sha - Complainant(s)

Versus

HBD Finance Services Represented by Branch Manager, Suri Branch - Opp.Party(s)

18 May 2023

ORDER

Shri Sudip Majumder, President in Charge.

The Record is put up today before this Commission on the prayer of the petitioner/complainant.

            Considering urgency the record is taken up for hearing.

Complainant files hazira through his Ld. Advocate. Heard, perused the complaint and documents. It appears to us that prima facie a case has been made out against the OP.

Let, the case be admitted.

On the date of filing of this case, the complainant files another application U/S 38(8) of the Consumer Protection Act, 2019 for seeking interim relief is taken up for hearing and treating the same as M.A. Case No. 19/2023.

The Complainant/petitioner also files an interim application U/S 38 (8) of C.P Act. 2019. It is alleged that the complainant purchased the vehicle in question vide Regd. No. WB-29A-8386 with the financial assistance of the OP and as such the OP is the service provider of the complainant.

 

                                                     

The complainant purchased the vehicle for the use of himself and this family members at a consideration of Rs. 12,90,725/-(Twelve lack ninety thousand seven hundred twenty five only) after taking financial assistance from the OP. The initial/down payment of Rs. 2,00,000/- and it was agreed that the rest loan amount of Rs. 10,90,725/-/-(Ten lack ninety thousand seven hundred twenty five only)  will be paid by the OP and the rate of monthly instalment has been fixed of Rs. 28,747/- (Twenty eight thousand seven hundred forty seven only) and the installment started on and from 04/02/2021 vide Loan Account No. 13617125.

It is also the case of the complainant/petitioner that till this date she paid 27 instalments and the complainant paid last EMI on 05/03/2023 vide Receipt No. E13617125027-B. It is the case of the complainant that he failed to pay some installments due to COVID-19 pandemic situation, but the OP members did not consider the circumstances. Hence, this application is filed by the complainant with a prayer to give direction to the  Op not to possession the vehicle to the complainant.

Considering the facts and circumstances of the case as well as the balance of convenience and inconvenience and irreparable loss and injury this Commission in of view that there is sufficient prima facie case in favour of the complainant/petitioner.

Hence,

            ordered,

                        thus the prayer for interim relief as files by the petitioner is considered and allowed exparte.

The OP members are directed not to possession of the vehicle being number WB 29A 8386 from the complainant .

The complainant is directed to pay EMI as per loan agreement.

Thus, the M.A. case being No. 19/2023 is disposed of.

Fix. 24/05/2023 for requisite.

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