West Bengal

Birbhum

MA/1/2021

Bajle Ahmed Khan - Complainant(s)

Versus

Manager ,Kotak Mahindar Bank Ltd - Opp.Party(s)

12 Mar 2021

ORDER

The complainant filed an ad interim petition, taken up for hearing and the same be treated as M.A No. 01/2021.

That the complainant is the resident of Bolpur College Pally, P.O.+P.S. Bolpur, Dist. Birbhum within the Jurisdiction of this Ld. Forum.

That the complainant purchased a vehicle vide Regd. No. WB 47-1157 with the financial assistance of the OP and as such the OP is the service provider of the complainant and the complainant is a consumer under the opposite party.

That the complainant purchased the aforesaid vehicle for his self-employment. He used to maintain his livelihood from the income derived from the said vehicle. He has no other source of income except the income derived from aforesaid vehicle.

That the complainant purchased the vehicle with the final assistance from the OP and value of the vehicle was Rs. 27, 50,000/-. That the complainant paid Rs. 3,50,000/- on 03/03/20216 as initial/down payment for the aforesaid vehicle and rest amount of Rs. 24,00,000/- was financed by the OP subject to payment in 46 EASY MONMTHLY INSTALLMENTS and the installments has been fixed of Rs. 65,000/- for 45 EMI, Rs. 7,700/- for the last EMI.

That the complainant made repayment most of the EMI against the loan being agreement

CV3056480 and he made payment up to date which will be revealed for their demand notice date

17/02/2021 that principle outstanding Rs. 10.51.

 

That the aforesaid vehicle of the complainant was proceeding from Pandua to Bolpur after unloading the vehicle at Pandua on 17/02/2021. That on the very date on Saktigarh High way some persons intr4oduction them as men/agents of the OP obstructed the way of the vehicle and forcibly took possession of the same.

That on the following day the complainant requested the OP to release the vehicle after taking dues amount/EMI, if any but they claimed huge amount, i.e more than the actual dues and refused to release the vehicle.

That thereafter the OP sent demand notice dated 17/02/2021 claiming Rs. 5, 64,380.71 illegally as because the actual dues lying till the date of last EMI is Rs. 97,000/- as overdue installment although said claim is also illegal claim and as such the OP is claiming more than the actual amount they are entitled to recover from the complainant as outstanding dues amount.

That the complainant is ready to pay actual dues amount in EMI and he requested before the OP to release the vehicle and to give further opportunity to repay the outstanding loan amount if any, but the OP did not pay any heed on the request of the complainant.

That the complainant has no other source of income and such he has been passing his day to day life with hardship and without the vehicle he and his family members may die on starvation and as such the restoration of vehicle is very much necessary.

That the complainant used to earn Rs. 5,000/- per day from to aforesaid vehicle and he is being deprived to earn since 27/07/2018 from his aforesaid vehicle and at present his financial conditional is very poor.

Hence,

            Ordered,

                        that the ad interim petition filed by the complainant i.e. M.A No. 01/2021 is allowed.

The complainant is directed to deposit Rs. 1,00000/- as lump sum to the O.P within 7 days of this order with further direction to pay EMI of Rs. 1,00000/- to the O.P till final adjustment and the O.P is directed to deliver possession of the vehicle in question immediately after receiving of Rs. 1,00000/- as lump sum.

Thus the M.A. disposed of accordingly.

Copy of this order be supplied to the complainant free of cost.

A copy of this order be sent to the O.P through Speed Post for compliance

To date i.e. 19.04.2021 for S/R of notice, appearance and hearing of ad interim petition.