West Bengal

Birbhum

MA/13/2023

Golam Murtaja - Complainant(s)

Versus

HDFC FINANCE SERVICES LTD. - Opp.Party(s)

28 Mar 2023

ORDER

Shri Sudip Majumder- President-in-Charge.

Complainant files hazira through his Ld. Advocate. Complainant is also present himself.

Today is fixed for admission hearing. Perused the complaint and documents. It appears to us that a prima case has been made out against the OP. Let, the case be admitted.

Complainant is directed to file requisites at once.

Issue summons/notice accordingly.

B.C. to do the needful.

On the date of filing of this case, the complainant files another application U/S 38 of the Consumer Protection Act, 2019 for seeking interim relief is taken up for hearing and treating the same as M.A. Case No. 13/2023.

Perused the interim application and documents. Heard Ld. Advocate on behalf of complainant.

We find from the interim application and document that the complainant has purchased a Truck Model being No. AL 3518 Track Chasis, Regd. No. WB53C 3686, Chassis No. MB1KJCHD3KPH1 14713, Eng No. KHPZ105198 under the OP. Complainant submits that he purchased the aforementioned vehicle with the financial help from the OP after paying initial down payment and the rest amount of Rs. 24,14,970/- was financed by the OP.

That the OP financed Rs. 24,14,790/- subject to making payment in 61 easy installment amounting to Rs, 65,100/- as EMI. That as per the statement of account of the OP the complainant has been paying the installment month by month and he lastly paid Rs. 58, 100/- on 30/11/2022.

That the complainant could not pay three installments including the month of March, but not the consecutive three months. That payment of installments became irregular since Covid pandemic

 

 

 

 

situation, although the complainant enjoyed moratorium period April, May, July and August of 2020. That it is pertinent to mention also paid the installment of hose period.

That the complainant reported before the OP his inability in respect of making payment of the outstanding loan amount and asked for sometimes but the OP refused to do the same, on the other hand they demanded Rs. 1,70,053/- till 05/02/2023 is excessive. That on scrutiny of the statement of account it is discovered that Rs, 59843/- has been charge in several months as late payment interest and cheque bounce charges are excessive.

That the complainant therefore pray that the OP be ordered an ad-interim restraining the OP and his men and agent to take possession of the vehicle being No. WB53C 3686 from the complainant and that too ends of justice and for further order as your Honour dim fit and proper.

In this juncture without going into the merit of the case we think that the complainant is depending upon the said vehicle for his livelihood.

We think ends of justice would be met up if the OP is directed not to possession the said vehicle of the complainant.

Hence, it is,

                        ORDERED,

                                                the petition dated 20/03/2023 filed by the complainant that the OP be ordered an ad-interim restraining the OP and his men and agent to take possession of the vehicle being No. WB53C 3686 from the complainant i.e. M.A. Case No. 13/2023 is allowed without contest. No costs.

The OP/ HDFC FINANCE SERVICES LTD. is OP is directed not to possession the said vehicle being No. WB53C 3686 of the complainant. OP is also directed to issue bill month by month/quarterly without generating the challenged bill or outstanding bill.

The complainant also directed to pay the current bill month by month/quarterly in respect of this service connection.

Thus the M.A. is disposed of.

Fix.  18/05/2023 for S/R, appearance and W/V from/by the OP/WBSEDCL.

Copy of this order be supplied to the parties each at free of cost.