Consumer Complaint No.     -           101/2016

Date of filing                          -           01/06/2016

Date of final order                 -           25.01.2017.

Present

i)          Sri  Asoke Kumar Mandal                             Honorable President.

ii)         Smt. Silpi Majumder                                     Honorable Member.

Anup Malik, S/o. Shyamsundar Malik,

Resident of Bora, P.S.-Raina

Dist.-Burdwan, Pin-713423.                                                                                    Complainant.

-VERSUS-

1.    HDB Financial Services Ltd., having Zonal Office

        At 4, Clive Row, Jardine House, 2^nd floor,

        Kolkata-700001, represented by its Zonal Manager.

  2.     The Zonal Manager, HDB Financial Services Ltd.,

          having Zonal Office at 4, Clive Row, Jardine House,

          2^nd floor, Kolkata-700001.  

  3.     The Branch Manager, HDB Financial Services Ltd.,

           Burdwan Branch, 27/1, G.T. Road Easts End,

           P.O.-Sripally, P.S. & Dist.-Burdwan, Pin-713103.                                  Opposite Parties.

Present :  Hon’ble President: Sri Asoke Kr. Mandal

                  Hon’ble Member :  Silpi Majumder.

Appeared for the Complainant:              Ld. Advocate Tamal De.

Appeared for the Opposite Parties:  None.

JUDGEMENT

The case record is placed this day for delivery of final order as per Order No. 12 dated 20.01.2017.

This is a case U/s 12 of the C.P. Act directing the O.P. No.1 to pay Rs.2,00,000/- as compensation due to unfair trade practice, directing the O.P. No.2 to pay Rs.2,00,000/- as compensation due to negligence, deficiency in service and unfair trade practice, directing the O.P. No.3  to pay Rs.3,00,000/- as compensation due to negligence, deficiency in service and unfair trade practice, directing the O.Ps. to pay Rs.2,00,000/- due to loss and damages for taking illegal repossession of the vehicle, directing the O.ps. to pay Rs.1,00,000/- as compensation due to the cost of the case, mental agony and directing the O.ps. to return the vehicle as mentioned in the complaint to the complainant. 

The complainant’s case in short is that the complainant purchased a truck of TATA LPT 909/38 HD BSIII from the show room of Bhandari Automobiles Pvt. situated at Burdwan having its registration No. WB41G/1582, Chassis No. MAT 454016C8P44237 and engine No. 497TC92NXY865026 taking financial assistance of Rs.8,80,000/- from the O.P. No.3 on the terms and condition to repay the loan amount with interest in accordance with the repayment schedule of equal 46 monthly installments of Rs.24,100/- for the purpose of maintaining his livelihood.  Said repayment schedule was started on 4.1.2013 and the date of payment of last installments was 4.10.2016.  The complainant complied with the terms and conditions by paying installments more or less regularly and the complainant paid part premium by paying a sum of Rs.10,700/- out of actual premium of Rs.24,100/- on 29.4.2016 and on 25.3.2016 the last installment of Rs.37,500/- was paid by the complainant.  The complainant failed to pay some premiums in time due to huge expenditure of medical treatment of his father.  The complainant has/had  no intention to be a defaulter in matter of repayment  but during the premium schedule some bouncers of the O.Ps. repossessed said vehicle forcibly on 20.5.2016 from the road at Dewandighi under Burdwan P.S. without giving prior notice.  After repossession of the vehicle, the O.P. No.2 through their Ld. Advocate sent a demand notice dated 19.5.2016 which was received by the complainant on 25.5.2016 asking to repay the due amount of Rs.1,46,836/- within seven days.  The complainant met the O.P. No.3 on 23.5.2016 and requested him to return the vehicle and assuring him that he would repay the entire outstanding dues of the loan account but the O.P. no.3 did not pay any heed. The O.Ps. have acted illegally and for such the complainant has been harassed and has been forced to come before this Forum.  Hence, this case with the prayer as mentioned above. 

                                       DECISIONS WITH REASONS

Inspite of service of notice upon the O.Ps., they did not contest  this case by filing written version and adducing evidence. As such this case was fixed for ex-parte hearing on 20.09.2016. Thereafter on the basis of the prayer of the complainant several adjournments were made and lastly on 20.1.2017 the case was fixed for ex-parte hearing but none from the side of the complainant appeared. 

We carefully perusing the case record it appears that the complainant filed photocopies of the documents related to the vehicle and loan in question.  The contents of those documents have not been corroborated by adducing any other evidence from the side of the complainant.  Inspite of opportunities given to the complainant the complainant has adduced no evidence.  In the above premises only relying upon the photocopies of some documents it could not be said that the complainant has been able to prove his case.  The burden of prove initially lies upon the complainant in respect of the case brought by him.  But the complainant has failed to discharge his onus.

In the above premises we are of the opinion that the complaint case fails.

Fees paid is correct.  Hence, it is

ORDERED

that the C.C. No.101/2016 is dismissed ex-parte without cost against the O.Ps.

Let the copies of this order be supplied to the parties free of cost.

                       (Asoke Kr. Mandal)        

             Dictated and corrected by me.                                                           President       

                                                                                                                    D.C.D.R.F., Burdwan      

                   (Asoke Kr. Mandal)                     

                           President

                   D.C.D.R.F., Burdwan

(Silpi Majumder)

 Member

D.C.D.R.F., Burdwan