| Complaint Case No. CC/367/2022 | | ( Date of Filing : 28 Sep 2022 ) |
| | | | 1. Ejajul Sha | | Vill-Paramanandapur, P.O.Sihar, P.S. Kotulpur,Dist-Bankura,Pin-722161 and 6, Taltala Bazar Street, P.O and P.S. Taltala. |
| ...........Complainant(s) | |
| Versus | | 1. Mahindra and Mahindra Financila Service Ltd. | | Old Kid Street,7, Dr. IshaqueRoad, 4th Floor, Near MLA Hostel,Park Street Area,P.S. Park Street, Kolkata-700016. | | 2. The Branch Manager, Mahinddra and Mahindra Financial Services Ltd. | | Ground Floor,Jhaparmore,P.S. Bishnupur,Mayrapukur Road, Bishnupur,Dist-Bankura,Pin-722122. | | 3. Eicher Ve Commercial Vehicle Ltd. | | 80/A, Bondel Road, Ballygunge Place, P.S. Ballygunge,Kolkata-700019. | | 4. The Branch Manager,Eicher Ve Commercial Vehicle Ltd. | | Authorised Dealer, P757 5JR,Dankuni,P.S. Cole Complex,Dankuni Bil,Dist-Bankura,Pin-722141 |
| ............Opp.Party(s) |
|
|
| Final Order / Judgement | Order No.02 Date-09.11.2022 Today is fixed for admission hearing of the instant consumer case. While perusing the complaint petition it is observed that the complainant Mr. Ejajul Sha son of Janu Sha of PS Kotulpur District Bankura presently residing at 6, Taltala Bazar Street, Kolkata-700014 has availed a car loan from the OPs Mahindra and Mahindra Financial Services Ltd., PS-Park Street, Kolkata -700016 for purchasing a commercial vehicle exclusively for the purpose of earning his livelihood by means of self employment. As per statement, he has been paying EMI from time to time but due to pandemic situation of Covid-19 and lockdown the complainant was unable to use his vehicle regularly for which he has failed to pay the EMI and a huge amount of arrears has not been paid by him. The OPs sanctioned additional loan and against that the EMI stands revised to Rs. 90,893/-. The complainant paid Rs. 70,500/- on 15.09.2022 and requested the OPs to reduce the EMI to the tune of Rs. 20,000/- - Rs. 25,000/- per month so that he can be able to pay the amount regularly. While perusing the prayer portion of the complaint petition, it is observed that along with other prayers the complainant is praying for a direction upon the OPs to reduce the EMI from Rs. 90,893 to Rs. 20,000/- so that he can repay the loan regularly. The prayer of the complainant is not found proper according to law and not within the periphery of the Consumer Protection Act, 2019. Granting of the prayer of the complainant in the matter of reduction of the EMI is exclusively the right and consideration of the OPs where there is no scope of the District Consumer Disputes Redressal Commission to interfere into the matter. In view of the above, the prayer of the complainant is not tenable in law and accordingly rejected. | |
