In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, 4^th Floor, Kolkata-700087.

CDF/Unit-I/Case No.372/2010

1)                   Smt. Manik Sundari Ghosh,

            Vill – Baliswar, P.O. Belai,

            P.S. Nanur, Dist. Birbhum.                                                                     ---------- Complainant

---Versus---

1)                   Magma Fincorp Ltd. (C.V. Department),

            24, Park Street, 4^th Floor, Park centre,

            Kolkata-16,  P.S. Park Street.                                                                 ---------- Opposite Party

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member.

                        Smt.  Samiksha Bhattacharya, Member

Order No.   27    Dated  24-10-2013.

          The case of the complainant in short is that the complainant purchased a chassis being model no.LP/1109/W/FE-11 model TATA from Beldanga Auto Centre, Murshidabad and the financial assistance amounting to Rs.5,30,000/- was availed from o.p. In terms of the said agreement complainant had to repay a sum of Rs.6,64,800/- and the said amount was payable in 46 equal monthly instalment of Rs.14,140/- and the first instalment was Rs.14,360/-. Complainant regularly made the payment in terms of the payment schedule. After payment of all the monthly instalment the last three instalments were paid on 15.1.09, 15.2.09 and 15.3.09. It is to be mentioned here that the last EMI was paid by the complainant after two days of the schedule date and for that reason he had to pay Rs.14,171 including of Rs.28/- as delay charge. After liquidation of entire loan amount complainant approached the o.p. to issue the ‘no objection certificate’, but o.p. refused to issue that. On 16.6.09 o.p. sent a demand notice amounting to Rs.11,560.99 with a threat that if the complainant will fail to pay the aforesaid amount o.p. shall take steps to take possession of the vehicle. no such demand notice was issued at any point of time earlier. Finding no other alternative complainant filed the instant case along with compensation and cost.

            O.p. had entered their appearance in this case by filing w/v and denied all the material allegations interalia stated that complainant paid only 46 instalments but failed and refused to pay the 47^th instalment along with delay payment charges which fell due on 15.3.09. As on 26.5.11 a sum of Rs.35,600.54 is due and payable by the complainant. Therefore, complainant is not entitled to get ‘no objection certificate’  without making full payment of her dues. Other all material allegations are strictly denied by o.p. Therefore, they prayed for dismissal of the instant application with cost.

Decision with reasons:

            We have gone through the complaint, w/v, evidence filed by both parties. Upon hearing of both parties and on perusal of the entire materials on record we find that there are 47 instalments amounting to Rs.14,143/- each along with the dates 15.5.05 to 15.3.09 (instalment due date is mentioned on monthly basis). At the time of taking loan complainant ha paid the first instalment and accordingly complainant paid all the 47 instalments upto 15.3.09 and to substantiate her case complainant had showed the 47 payments receipts. The last instalment was paid by complainant on 17.3.09 instead of 15.3.09 and for that reason she had to pay Rs.28 extra as delay charge. On the part of o.p. no document was shown that at any point of time from 15.5.05 to 15.3.09 complainant was a defaulter an for that reason o.p. issued any notice. From one document issued by Magma (o.p) we have seen that they have sent a notice to the complainant demanding Rs.11,560.99 on 16.6.09. In that letter it was mentioned that “If you have made the above payment (in full) on or after 10.6.09 please ignore this letter”. On scrutiny we find that no such due is lying with the complainant. At the time of argument ld. lawyer of o.p. has filed statement of account as on 26.5.11 in which it is stated that principal amount is due Rs.60,976.14 and no receivable amount is Rs.35,600.54. if any due is there from the part of the complainant the principal amount must be the same when the amount of EMI is Rs.14,143/-, then if the complainant has defaulted for any point of time the principal amount cannot be more than Rs.16,976/-. From there record no single scrap of paper has been produced to abuse their demand. Therefore, the demand from the part of the o.p. is baseless an manufactured. Therefore, the complainant has proved her case by adducing all the documents showing payments of all EMI properly. Therefore, the complainant is entitled to get the u/s 14 of C.P. Act, 1986. As a result, the complaint succeeds.

            Hence, ordered,

            That the complaint is allowed on contest with cost of Rs.5000/- (Rupees five thousand) only against the o.p. That the o.p. is directed to cancel the notice dt.16.6.09 with immediate effect and issue ‘no objection certificate’ in favour of the vehicle in question of the complainant. That the o.p. is also directed to pay compensation of Rs.15,000/- (Rupees fifteen thousand) only to the complainant for harassment and mental agony. O.p. is also directed to pay all the aforesaid awarded sum within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.