Ld. Advocate(s)

                   For Complainant: Santanu Chakraborty

                   For OP/OPs : Raja Bhattacharya

Date of filing of the case        :23.03.2015

Date of Disposal  of the case :06.04.2023

Final Order / Judgment dtd.06.04.2023

Complainant alleged that OP No.1-3 are the financial company and OP NO.4 is the Registering Authority of Vehicle No. WB-51 8105. Complainant is the owner of TATA 10 wheeler vehicle vide registration number WB-51 8105. At that time of purchase of said vehicle he took loan of Rs. 7,00,000/- (Rupees Seven lakh) from OP No. 1-3. At that time one loan agreement was executed between the complainant and OP NO.1-3. Complainant from time to time repaid the said loan amount through monthly instalments. From the statement of OP NO.1-3, it will be clear that said loan amount of Rs.7,00,000/- and its interests have already been  cleared of and accordingly , complainant got full ownership of the  aforesaid vehicle.

 On 25.03.2014 OP No. 1-3 forcibly, without any prior intimation took the possession of the said vehicle from the complainant and kept the said vehicle at the parking zone of Royal Vehicle, Berhampore, Murshidabad.

On that time OP NO.1-3 did not issue any document to the complainant which is totally illegal. Thereafter, on several occasions complainant approached before OP No.1-3 and finally they issued a released letter in favour of complainant duly signed  and sealed by authorised signatory  to the fact that  the said vehicle would be handed over  to the complainant through his authorised person Arman Mallick on 25.04.2014.

 Thereafter,  complainant along with  said Arman Mallick and others went before Royal Vehicle Parking Zone at Berhampore, Murshidabad with the  said  release letter issued by OP No.1-3 but surprisingly , it was noticed  that the vehicle was  lying  therein  in very damaged condition and managing authority of the said

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parking zone  seeing  the aforesaid release letter denied  to hand over said vehicle  to the complainant. On the other hand, managing person Jayanta Mukherjee threatened the complainant with dire consequence if the complainant demands the said vehicle any more.

Thereafter, complainant on various occasions approached to the OP NO.1-3 for release of the said vehicle in his favour but no fruitful result was found from the end of OP No.1-3. Complainant became shocked and realised that he has been cheated by the OP NO.1-3.

 Complainant sent a demand notice on 12.02.2015 through his Ld. Adv. Santanu Chakraborty which was duly received by the OP/company on 16.02.2015 but in spite of getting such notice OP No.1-3 did not make any respond. Complainant visited the branch of OP NO.1-3 at Krishnagar on 18.03.2015 and Branch Manager straightway denied to hand over the said vehicle in good condition on 25.03.2014 to the complainant. Hence, this case. Complainant  prayed for an order directing the OP NO.1-3 for handing over the aforesaid  vehicle in good condition and for delivery of relevant papers of the said  vehicle, compensation amounting to Rs.4,00000/-, further compensation  amounting to Rs.1,00,000/- for  unnecessary  harassment and cost of the case  and for other reliefs.

OP No.1-3 contests the case by filing a joint written version denying all the material allegations of the complaint. They contended that complainant was defaulter and he defaulted to pay Rs. 2,59,887.69/- plus  current EMIs till 04.04.2014 which clearly known to the  complainant.  Complainant paid Rs.49,900/- on 21.04.2014, Rs. 50,050/- on 22.04.2014, Rs.47,000/- on 24.04.2014 and Rs. 53,050/- on 25.04.2014 OPs realised  that complainant as per his  promise would  updated the  loan account by paying  due amount  along with  current EMIs within 25.07.2014 but all are  in vain  and on 19.12.2014 and 20.12.2014 complainant paid Rs. 10,000/- and 3,70,000/-. After that complainant on 29.04.2015 deposited one cheque bearing number 300332 dated 29.04.2015 amounting to Rs. 6,91,960/- which  was bounced  by the complainant’s bankers due to insufficiency of  fund.  OP intimated  the same  to the complainant but the complainant refused to pay the EMIs till date, it is clear  that complainant is a habitual  defaulter . OPs sent several notices to the complainant claiming the loan amount but complainant intentionally neglected the same. Complainant suppressed the real facts before this Commission.  They prayed for dismissal of the case.

Trial

During trial complainant Ritam Bhowmick filed affidavit in chief on 20.01.2016. OP No.1-3 filed interrogatories and complainant filed reply supported by affidavit. One Rajdeep Ballav filed examination in chief as OPW1 but no affidavit has been filed in support of said examination in chief. So, the said document cannot be treated as affidavit in chief.

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Documents

Following documents have been produced on behalf of the complainant viz :

1. Certificate of Registration No.WB51 8105.......(One sheet)......(Xerox)......(Annex-1)
2. Document of Sriram Automall India Ltd. dtd.02.09.2014........(One sheet).......(Xerox)......(Amnex-2)
3.  Document of Vehicle Parking dated 25.03.2014.......(One sheet).......(Xerox)......(Annex-3)
4. Document of Registered with A/D issued by Shriram......(One sheet).....(Xerox)......(Annex-4)
5. Document of Registered with A/D dated 16.01.2014......(One sheet).....(Xerox)......(Annex-5)
6. Document of Registered with A/D dated 08.11.2013......(One sheet).....(Xerox)......(Annex-6)
7. Document of Arbitration Case NO. Gs 229 dated 18/03/2014....(One sheet).....(Xerox).....(Annex-7)
8. Document of Repossessed Vehicle Inventory list dtd. 25.03.2014....(One sheet).....(Xerox).....(Annex-8)
9. Document from Shriram Transport Finance Co. Ltd dtd.25.03.2014.....(One sheet).....(Xerox).....(Annex-9)

10)Document from Shriram Transport Finance Co. Ltd dtd.25.03.2014.....(One sheet).....(Xerox).....(Annex-10)

11) Document of Registered with A/D from Shriram Transport Finance Co. Ltd .....(One sheet).....(Xerox).....(Annex-11)

12) Document of Registered with A/D from Shriram Transport Finance Co. Ltd .....(One sheet).....(Xerox).....(Annex-12)

13)After Repo letter Regd. With A/D dtd. 27.03.2014.......(One sheet)......(Xerox)......(Annex-13)

14)Document from Shriram Transport Finance Co. Ltd.dtd. 09.04.2014.......(One sheet)......(Xerox)......(Annex-14)

15)Letter of Release of Vehicle vide regd. No.WB51/8105.......(One sheet)......(Xerox)......(Annex-15)

16)Letter issued by Ritam Bhowmick to Branch Manager, Shriram Transport Finance Co. Ltd.dtd. 25.04.2014.......(One sheet)......(Xerox)......(Annex-16)

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17)Letter issued by Ritam Bhowmick to Branch Manager, Shriram Transport Finance Co. Ltd.dtd. 25.04.2014.......(One sheet)......(Xerox)......(Annex-17)

18)Letter issued by Ritam Bhowmick to Branch Manager, Shriram Transport Finance Co. Ltd.dtd. 25.04.2014.......(One sheet)......(Xerox)......(Annex-18)

19) Document of Driving Licence dated from 02.06.2009 to 17.10.......(One sheet)......(Xerox)......(Annex-19)

20)Document of Loan cum Hypothecation Agreement.......(Seven sheets)......(Xerox)......(Annex-20)

21)Document of Schedule-I & II.......(One sheet)......(Xerox)......(Annex-21)

22) Document of Schedule-III.......(One sheet)......(Xerox)......(Annex-22)

23) Document of Statement details.......(Three sheets)......(Xerox)......(Annex-23)

24) Letter of Advocate notice........dated12.02.2015........(Two sheets).....(Original)

25) Postal Receipt......dtd. 13.02.2015.........(Three sheets)........(Original)

26) Application copy of letter....dtd.02.04.2014........(One sheet)........(Xerox)

27)Release of vehicle vide Registration No.WB21/8105 dtd.25.04.2014........(One sheet)........(Xerox)

28)Application  copy of letter dtd. 22.12.2016............(One sheet)....(Xerox)

29)Cheque of SBI dtd.22.12.2016 vide A/C No.11298715520.........(One sheet).......(Xerox)

30) After Repossession letter issued by SHRIRAM dtd.16.06.2016......(one sheet)....(computerised copy)

31)Vehicle Seized by company dtd. 06.01.2017.......(Two sheets).........(Original)

32)Vehicle seized by company dtd. 13.01.2017..........(Two sheets) ....(Original)

33)Summery of loans for  Vehicle NO. WB-51/8105.....(Two sheets)...(Xerox)

34)Cheque of SBI dtd. 22.12.2016.......(Two sheets).........(Xerox)

35) After Repossession letter issued by SHRIRAM dtd.16.06.2016......(Two sheets)....(computerised copy)

During the trial OP produced the following documents with his BNA.

1. Certified as true copy in the Arbitral Tribunal dated 18.03.2014.........(One sheet)......(Xerox)
2. Release of vehicle vide registration no. WB51/8105 of SHRIRAM dtd.25.04.2014..........(One sheet)........(Xerox)
3. Application copy of letter dtd. 25.04.2014.......(One sheet).......(Xerox)

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4. Driving licence of Arman Mallick valid from 02.06.2019  to 17.10.2015..........(One sheet).......(Xerox)
5. Application copy of letter dtd. 25.04.2014.......(One sheet).......(Xerox)

Brief Notes of argument.

                   Complainant filed BNA on 08.05.2018. OP No.1-3 filed BNA on 21.09.2017.

Argument

                   Ld. Adv. for the complainant argued before this commission that complainant has already been  paid the entire loan amount  along with  interests but OP NO.1-3 illegally  and forcefully  took the possession  of the aforesaid  vehicle  and kept the same in the parking zone of Royal Vehicle, Berhampore, Murshidabad. He prays for recovery of the vehicle in good condition.

Ld Adv. for the OP NO.1-3 argued before this Commission that complainant is a   defaulter and he did not the repay the pending EMIs and for that reason possession of the vehicle was taken, he prays for dismissal of the case.     

Decision with Reasons

It is the allegation of the complainant that he took loan of Rs.7,00,000/- from OP No.1-3 on the basis of loan agreement which was executed between the complainant and the OP NO.1-3. On perusal of annexure 1which is certificate of registration, we find that vehicle vide number WB-51 8105 was registered in the name of complainant. There is a note of hypothetication of the said vehicle with Shiram Transport finance company limited, 6 Lyons Range Kolkata-700001. On perusal of annexure 2 dated 02.09.2014 it appears that there is a note that vehicle vide number WB-51 8105 was shifted from Royal Parking Zone, Berhampore, Murhsidabad to another place as per order of Arbitral  Tribunal.  As per annexure 3 it appears that Royal Vehicle Parking Zone took the vehicle vide number WB-51 8105 on 25.03.2014. On perusal of annexure 4, we find that it has been described as a default notice for instalment amounting to Rs.2,53,485/-. On perusal of annexure 4 dated 16.01.2014 we find that it has been described  as a default notice for the amount of Rs.20,624.39/- on perusal  of annexure 6 we find that  it has been described  as a default notice for  the amount of Rs.2,15,923/-.

 On perusal of annexure 7 we find that Mr. G.K. Singh sole Arbitrator issued one order dated 18.03.2014. On perusal of annexure 8, we find that vehicle vide No.WB-51 8105 has seized on 25.03.2014. On perusal of annexure 22, we find that loan amount was sanctioned to Rs. 7,00000/- and date of first EMI is on 05.06.2013 and amount of each instalment is @ Rs.40,074/-. Last date of EMI was 05.08.2015 amounting to Rs. 24,180/-. We also find that 12 EMI were @

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Rs.40,074/- each and last 15 EMI were @ Rs. 24,180/- each. Perused annexure 23.

We have carefully gone through the documents of record. We find that statement of accounts relating to loan account has been filed. On careful scrutiny of the said document we find that complainant took loan of Rs.7,00,000/- and complainant paid amount in the loan account on different dates which were mentioned below with dates and particulars:-

From the aforesaid table we find that complainant already paid Rs.663752/- in the loan account. So it is clear before us that OP NO.1-3 still get Rs. 36248/- as principal  amount and they will also get  interest of the said loan account from the date  of disbursement of the loan  i.e from 30.05.2013 to till the date of actual date of full payment of loan amount.

 On careful scrutiny of the loan account, we find that complainant added different type of amounts in the loan account such as Tyre, WCL and DPC. During argument Ld. Adv. for the OP No.3 failed to assigned any legal provision relating to claim of aforesaid amounts in the loan account. Accordingly, we find that no justification of claim of those amounts in the loan account. In the loan account only interest can be claimed.

On careful scrutiny of the aforesaid loan account, we find that OP No.1-3 claimed those amounts which appears to malafide  intention to grab money from the complainant. But this Commission cannot approved  the

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same. Accordingly, we find no other alternative to turned out those amounts which have mentioned in the loan account in the title as tyre, WCL and DPC. From the aforesaid  discussion, it is clear before us that  as on this day OP No.1-3 will get principal amount of loan amounting to Rs.36248/-. They will get interests from the date of 30.05.2013 as per the agreed rate till the actual date of full payment of loan amount. From the documents we find that OP No.1-3 claimed that one Manoshi Bhowmick issued of one cheque amounting to Rs. 6,80,142/- in favour of  OP NO.1-3. During argument Ld. Adv. for the complainant argued that at that time disbursement of loan complainant as well as guarantor executed huge document on good faith and on that time they also issued blank cheque at their hand and  out of which one blank cheque has been filled up by OP NO.1-3. The date of cheque is 22.12.2016 in favour of  OP No.1 22.12.2016 Manoshi Bhowmick issued one cheque in favour of OP NO.1-3. We also find that  dispute has already been started on 25.03.2014 when OP NO.1-3 forcefully  took the possession of vehicle vide number WB-51/8105. So it cannot be believed that Manoshi Bhowmick issued the cheque in favour of OP NO.1 amounting to Rs.680142/-. So it is clear before us that OP No.1-3 with malafide intention prepared. Said cheque in a blank cheque to established their aforesaid false claim of huge amount under the heading of Tyre, WCL and DPC on 22.12.2016. There was no outstanding dues amounting to Rs.6,80,142/- . So said fact should not be believed.

On perusal of documented 25.04.2014, we find that authorised signatory of  OP NO.1-3 issued  release order of the vehicle vide no. WB-51/8105 and directed the  Royal Vehicle Parking Zone to release the said vehicle  in favour of  Arman Mallick i.e authorised person of complainant. But as per the allegation of complainant said vehicle was not released in favour of the complainant. OP NO.1-3 failed to assigned cogent reason as to why aforesaid vehicle was not released in favour of the complainant. This is the allegation of the complainant that they went before Royal Parking Zone along with aforesaid released order but Royal vehicle parking zone not yet release the vehicle in their favour rather  they threatened the complainant and Arman Mallick with dire  tyre consequences as a result they compelled to came back.

The allegation which levelled against the OP NO.1-3 which are serious in nature. On careful consideration of the documents on record we find substance in the allegation of the complainant. The aforesaid act on the part OP NO.1-3 are nothing but illegal act.

On perusal of Advocate’s letter dated 12.02.2015 we find that Ld. Adv.  Mr. Santanu Chakraborty sent a letter to the OP NO.1-3 and requested them to release the vehicle.  On perusal of document dated 25.04.2014, we find that Shiram Transport Finance Company Limited issued the said document to Royal Vehicle Parking Zone, Berhampore ,

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Murshidabad directing him to release the vehicle  vide registration  number WB-51 8105. It is the allegation of the complainant that inspite of said document vehicle was not released.

Having regard to the aforesaid discussion we are of the firm view that complainant has able to established as to how OP NO.1-3 cheated him.

Having considered the facts and circumstances of this case, document on record we think that OP No.1-3 should be asked to return back the aforesaid vehicle vide no. WB-51/8105 in favour of the complainant to the satisfaction of complainant. Complainant should be asked to pay Rs.36,248/- within one month from this date in favour of the OP NO.1-3. Complainant is asked to pay the interest of the loan account which will be determined as per agreed rate of interest in favour of the  OP NO.1-3 by five instalments commencing  from 15.05.2023.

In the result present case succeeds. Hence,

                             It is

                                                Ordered

                                                                   that the present case be and the same vide CC/49/2015 is allowed on contest against the  OP NO.1-3 with cost of Rs.10,000/- to be paid by OP NO.1-3 in favour of the complainant and dismissed ex-parte against the OP No.4.

OP NO.1-3 jointly or severally are directed to return the vehicle vide no.WB-51/8105 in favour of the complainant within one month from this date in good condition to the satisfaction of the complainant. Complainant is directed to refund the principal amount of the loan account amounting to Rs.36,248/- within one month from this date.

Complainant is further directed to pay the interest of the loan account which will be calculated on the basis of agreed rate of interest by five instalments commencing from 15.05.2023. OP NO.1-3 jointly or severally are directed to pay the compensation amounting to Rs. 50,000/- (Rupees fifty thousand) to the complainant for his harassment, mental pain, agony and business loss within one month from this date.

OP NO.1-3 jointly or severally are directed comply this order within one month from this date failing which complainant shall have liberty to put the order into execution.

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Let a copy of this order be supplied to the complainant as free of cost.

Let a copy of this order also be supplied to the OP NO.1-3 as free of cost for compliance.

Dictated & corrected by me

 ............................................

                PRESIDENT

 (Shri   DAMAN PROSAD BISWAS,)                      .................................................

                                                                                                                 PRESIDENT

                                                                       (Shri   DAMAN PROSAD BISWAS,)          

We  concur,

                                                                                                    ........................................                                                 .........................................

          MEMBER                                                                MEMBER        

 (NIROD  BARAN   ROY  CHOWDHURY)                         (MALLIKA SAMADDAR)