West Bengal

Paschim Midnapore

CC/44/2012

Sri Gopal Laha - Complainant(s)

Versus

L & T Finance Ltd. - Opp.Party(s)

25 Feb 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

     Complaint case No.44/2012                                                  Date of disposal: 25/02/2014                               

 BEFORE : THE HON’BLE PRESIDENT :  Mr. Sujit Kumar Das.

                                                      MEMBER :  Mrs. Debi Sengupta.

                                                      MEMBER :  xxxxxxxxxxx

  

    For the Complainant/Petitioner/Plaintiff : Mr. A. K. Dutta, Advocate.

    For the Defendant/O.P.S.                           : Mr. S. Dutta, Advocate.

          

                 Sri Gopal Laha, S/o Ajay Laha, Vill-Radhaballavpur, P.O.-Kuapur, P.S.-

                 Chandrakona, Dist: Paschim Medinipur……………Complainant.

                                                          Vs.

1. L & T Finance Ltd., Kharagpur Br. Office at Inda, OT Road, Kharagpur,  Dist.

      Paschim Medinipur

2. L & T Finance Ltd., Regional Office at 8 No.Beckbagan Road, 3^rd Floor, Kolkata-

700017………………………………..………………….Ops.                                                   

                

                           The case of the complainant Sri Gopal Laha, in short, is that on 16/09/11 an agreement was constituted with the Op-L&T Finance Ltd. and in terms of the said agreement a vehicle was purchased bearing registration No.WB-33B/3210 with loan of Rs.13 lakhs as a loan granted by the Op.  In terms of repayment the entire loan together with interest has been paid by March 2012.  Accordingly, No Dues Certificate has been granted from the end of Op-Company.  In spite of that, on 07/4/12 the Op with the help of some musslemen Attempted to take forcible possession of the said vehicle .With this allegation the complainant has come before us that even after repayment of the entire loan the Ops are committing disturbance to the complainant without due verification of their record which amounts deficiency of service and thereby prays for necessary direction so that the Ops may be prevented from taking away forcible possession of the said vehicle.

                          The Op contested the case by filing written statement denying the allegation of forcible possession made by the complainant.  Moreover, the case is not maintainable e in it’s

Contd………………P/2

 

- ( 2 ) -

Present form. The alleged dispute between the parties are governed by the arbitration agreement in the form of Clause 17 of the loan cum hypothecation agreement dated 25/8/11 admittedly made between the parties.  It is further claimed by the Op in their written statement that the complainant defaulted the payment of installment in terms of the said agreement.  Apart from that over due interest 36% remains due.  Thus, the case should be dismissed.

            Upon the case of both parties the following issues are framed.

Issues:

1. Whether the case is maintainable for want of cause of action?
2. If the case suffers for want of jurisdiction?
3. If the complainant is entitled to get relief as prayed for?

 

Decision with reasons

Issue Nos.1 to 3:

             Ld. Advocate for the complainant made his argument that the complainant has already repaid the entire loan plus its interest.  In this connection, report on repayment schedule submitted by the Op-Company is pointed out.  In addition the payment receipt in the Xerox copies are case sonically explained by the Ld. Advocate.  Rather on proper calculation and scrutiny of the entire document it will show that an over payment of Rs.5,000/- has already been made by the complainant in favour of the Op-L&T Finance Ltd.  Admittedly there is no case of taking away of the possession of the vehicle from the custody of the complainant.

             Ld. Advocate for the Op-L&T Finance Ltd. On the other hand made his submission to the effect that there is no case of forcibly taking over the possession of the vehicle as alleged by the complainant in his case.  The document submitted by the parties will exhibit the correct accounts from which it may appear the dues payable by the complainant in favour of the Op.  Apart from that, this is a case arising out of Loan Cum Hypothecation Agreement and the parties are binding with the terms and conditions thereof.  Even thereafter, in the event of any dispute, the matter should be referred to the arbitrator under arbitration and conciliation act.  So, the Forum has no jurisdiction to entertain such case as preferred to by the complainant hereof. Thus the case should be dismissed.

              We have carefully considered the case of both parties together with the documents on record and it appears that there is no case of taking of forcible possession of the vehicle bearing it’s registration No.WB-33B/3210 from the custody of the complainant.  Thus, for want of legal evidence, the allegation made by the complainant cannot be accepted.  Secondly, upon careful scrutiny of repayment schedule, nowhere it is found that the complainant is liable for making

Contd………………P/3

 

- ( 3 ) -

payment of any further dues.  If that be so it is not permissible for us to make any findings regarding further dues against the complainant.

                In view of the discussion made above, it is held and decided that under Section 3 of the Consumer Protection Act, this Forum is not burred or prevented to consider the case and as such the complaint petiion does not suffer from the point of jurisdiction.  Upon due consideration in the background of the entire case, there is no case of alleged forcible possession of the vehicle and further claim for unpaid installment.  Thus, the complainant has no cause of action for presentation of the petition of complainant.  As a result, the case should fail.   

               Hence

                          It is ordered

                                             that the case be and the same is dismissed on contest without cost.             

Dic. & Corrected by me.  

        

         President                                             Member                                                President

                                                                                                                              District Forum

                                                                                                                         Paschim Medinipur.