Sri. Apurba Kr. Ghosh ……...................President
The Complainant has filed this case under the provision of Consumer Protection Act. 2019 against the OP’s and praying for the following relief / orders:-
- Direction against the O.P. to hand over the NOC and original papers of three wheeler vehicle to the complainant.
- Direction against the OP to pay a sum of Rs. 50,000/- for causing mental and physical harassment to the complainant.
- Direction against the OP to pay 50,000/- for unfair trade practice to the complainant.
- Direction against the OP to pay a sum of Rs. 30,000/- towards cost of litigation to the complainant.
- Any other relief or reliefs to which the Complainant is legally entitled to.
BRIEF FACT OF THE COMPLAINT
Complainant is a peace loving and law abiding citizen.
He is a consumer under the provision of Consumer Protection Act. 2019.
He purchased three wheeler vehicle by taking loan from the OP and EMI of the said loan was of Rs. 7,156/- for the tenure of 36 months. The complainant had paid all the EMIs within time, even at the time of Covid-19 Lockdown period, he did not missed making payment of EMI and later on complainant missed paying 2 EMIs as the complainant became Covid positive. When the complainant had approached to the OP for taking NOC from the OP and for paying those 2 due EMIs, the Manager of the OP stated that the complainant needs to pay interest on the EMI amounts which were not paid during the Covid- 19 Lockdown period.
That the Manager of the OP stated that the complainant needs to pay an amount of Rs. 16,519/- along with the interest on EMI of Covid period and then only NOC would be issued.
The agent of the OP stated that the EMIs should be paid for a term of 34 months. When the complainant went to the OP for taking the NOC, the Manager of the OP stated that the EMIs are to be paid for a term of 36 months and thereafter the OP did not turn up even for medication at CA & FBP, Siliguri.
That the cause of action of this case firstly arose on June 2022, when the complainant went to the OP for taking NOC and original papers of three wheeler vehicle and same continued as the Manager of the OP asked the complainant to pay an amount of Rs. 16,519/- along with interest on EMI of Covid period and refused to handover the NOC and original papers and the same is continuing till today.
In support of the complaint the complainant has filed the following documents:-
- Photocopy of statement of account
- Photocopy of Scheduled of Repayment
- Photocopy of Application at CA & FBP, Siliguri
- Photocopy of Mediation Notice.
Notice was issued from this Commission for serving the same upon the OP. On receipt of notice the OP appears before this Commission through Vokalatnama subsequently the OP did not turned up before this Commission to contest this case. Accordingly the case is proceeding ex-party against the OP.
Having heard the Ld. Advocate of complainant and on perusal of the Complaint, documents filed by the complainant the following points are taken to be decided by this Commission.
POINTS FOR CONSIDERATION
- Whether the Complainant is a Consumer as per the provision of C.P. Act.?
- Whether the case is maintainable in its present form and prayer under the provision of the C.P. Act. ?
- Whether there is any cause of action to file this case by the Complainant?
- Whether there was deficiency in service on the part of the OP as alleged by the Complainant?
- Is the Complainant has able to prove this case and entitled to get any relief as prayed for?
DECISION WITH REASONS
All the points are taken up together for discussion to avoid unnecessary repetition and for sake of convenience and brevity of this case.
Complainant was given liberty to file evidence on their behalf. To prove the case complainant has filed an application before this Commission for treating the complaint petition as their evidence. Ld. Advocate of complainant also files WNA.
At the time of hearing of argument Ld. Advocate of complainant argued that the complainant has been able to prove the case against the OP to the effect that within stipulated period the complainant has cleared off the entire EMI in respect of the loan which was taken by the complainant. He also argued that the complainant after repayment of EMI went to the office of OP asking for handover the NOC as well as relevant documents which were kept with the OP but the OP has refused to deliver the same and the OP also give direction to pay further interest of Rs. 16,519/-.
Having heard Ld. Advocate of complainant and on perusal of the evidence of the complainant as well as documents filed by the complainant it appears that the complainant has been able to prove the case to the effect that he repaid the entire EMI to the OP regarding the loan which was taken by the complainant. The complainant has also been able to prove the case to the effect that the complainant submitted an application before the CA & FBP, Siliguri disclosing his grievance against the OP but on the relevant date the OP did not turned up in the office of the CA & FBP, Siliguri. Moreover, the complainant has filed the WNA where he stated everything regarding this case.
Considering unchallenged evidence of the complainant and considering the documents filed by the complainant we are of the view that the complainant has been able to prove the case against the OP to the effect that there was deficiency of service on the part of the OP towards the complainant.
Hence, it is therefore,
O R D E R E D
That the instant Consumer case being in No. 27/2023 is hereby allowed on ex-party against the OP but in part.
The OP is directed to handover the NOC and original papers of three wheeler vehicle to the complainant within 45 days from the date of passing of this order. The OP is further directed to pay a sum of Rs. 20,000/- for causing mental and physical harassment to the complainant.
The OP further directed to pay a sum of Rs. 20,000/- towards compensation for unfair trade practice and also directed to pay a sum of Rs. 10,000/- towards cost of legal proceedings. The OP is further directed to pay a sum of Rs. 10,000/- in the Consumer Legal Aid Account of this Commission.
The OP is directed to pay entire awarded amount within 45 days from this day failing which the complainant is at liberty to take steps against them as per law.
Let a copy of this order be given to the parties free of cost.
