West Bengal

Birbhum

MA/17/2024

Hiru Mal - Complainant(s)

Versus

Manager, Associated Auto Mobiles - Opp.Party(s)

09 Feb 2024

ORDER

Shri Sudip Majumder- President-in-Charge.

The record is put up today on the strength of one application filed by the complainant’s side for hearing the application for ad-interim order dated 30/01/2024 by the complainant.

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. 17/2024.

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 Tractor valued at Rs. 6,54,000/-, Model: Swaraj 335 FE, Chassis No.: MBNAK48ACPTA49523, Engine No.: CJ.1354/NP015548 from the OP No. 1. Complainant submits that he purchased the aforementioned

tractor with the financial help from the OP No. 2 after adjusting cost of the old tractor 42RX Sonalika (2011) valued @ Rs. 3,94,280/- which was purchased from the pro-OP No. 3 by the complainant and other charges Rs. 30,000/- was refunded to the complainant. The finance company/OP No. 2 disbursed Rs. 5,69,785/- in favour of OP No. 1, total sanctioned loan against the tractor is Rs. 6,01,500/- subject to

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payment Rs. 14,000/- EMI. Complainant stated that he is entitled to get refund of Rs. 3,11,000/- along with adequate compensation from the OP No. 1 who is enjoying the entire amount illegally.

Complainant also stated that he lastly paid EMI against the loan being agreement                      No. A424N470106230640 till December 2023 thereafter he could not pay the installment due to financial crisis. Accordingly the complainant prays before this Commission for:-

1. That the OP No. 1 be ordered an ad-interim injunction restarting him (OP No. 1) and his men

and agent to take possession of the tractor being Model Swaraj 335 FE, Chassis No.: MBNAK48ACPTA49523, Engine No.: CJ.1354/NP015548 from the complainant and that two ends of justice and for further order as this Commission deem fit and proper.

From the application for ad-interim order prima facie it appears to us that there is a dispute regarding statement of accounts on the part of OP No. 1   

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 tractor of the complainant.

Hence, it is,

                        ORDERED,

                                                the petition dated 30/01/2024 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 tractor being Model: Swaraj 335 FE, Chassis No.: MBNAK48ACPTA49523, Engine No.: CJ.1354/NP015548 from the complainant i.e. M.A. Case No. 17/2024 is allowed without contest. No cost.

Thus the M.A. Case No. 17/2024 is disposed of.

Fix.  18/03/2024 for S/R, appearance and W/V from/by the OP.

The ad-interim order will be effective till the date.

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