West Bengal

Birbhum

MA/25/2022

Sadhan Ghosh - Complainant(s)

Versus

Manager,Cholamandalam Investment and Finance - Opp.Party(s)

27 Sep 2022

ORDER

Smt. Sukla Sengupta-President.

Today is fixed for admission hearing. Complainant files hazira through his Ld. Advocate. Heard, perused the complaint and documents. It appears to us that prima facie a case has been made out against the Ops.

Let, the case be admitted. Requisites at once.

The complainant/petitioner files a petition U/S 38 of the C.P Act 2019 is being registered treated as  M.A Case No. 25/2022.

The petition of complaint has been filed by the complainant U/S 35 of the C.P. Act, 2019 along with a prayer U/S 38 of the C.P. Act, 2019 alleging inter alia that the complainant/petitioner has purchased a Motor Car from Ethereal Auto Pvt. Ltd., Belpukur, Balarmpur vide Regd. No. WB 45F 6116 with financial assistance of the OP and as such the complainant is the consumer under the OP and the OP is the service provider.

It is further alleged that the complainant availed a loan of Rs. 3,61,000/- vide loan agreement No. YVEPRAU00003219730 for the purchase of the vehicle Santro subject to payment in 55 installments EMI @ Rs. 8,670/- per instalment.

It is further case to the complainant/petitioner that he used to pay the EMI regularly but due to financial crisis he requested the OP in their local office at Rampurhat, Birbhum to settle the entire loan amount in one time, but the OP did not pay any heed to his request thereafter the OP tried to take possession of the above mentioned vehicle illegally.

 

Hence, this case is filed along with the petition U/S 38 of the C.P. Act, 2019 by the complainant/petitioner with a prayer to restrain the OP to take possession of the vehicle being Regd. No. WB 45F 6116 with due process of law.

On a close scrutiny of the materials on record and documents has filed by the complainant/petitioner U/S 38 of the C.P. Act, 2019, facts and circumstances of the case, balance convenience and inconvenience along with irreparable loss and injury it appears to this Commission that there is a strong prima facie case in favour of the complainant/petitioner to allow his prayer favorably.

            Hence,

            Ordered,

                        That the OP members are restrained from taking possession of the vehicle being Regd. No. WB 45F 6116 without due process of law from the complainant/petitioner.

Thus the instant M.A. Case No. 25/2022 is disposed of.

Fix.                             for S/R, appearance and W/V from/by the OP side.

Complainant/petitioner is directed to serve the notice upon the OP at once.

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