In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No.157/2011
1) Bhaskar Bose,
Pratappur, Chinsurah, Hooghly-712101. ---------- Complainant
---Versus---
1) Mahindra and Mahindra Financial Service Ltd.
7, Dr. Ishaque Road, 3rd Floor,
Old Kyd Street, Kolkata-16, P.S. Park Street.
2) M/S. Dada Motors,
Khadina More, G.T. Road,
Chinsurah, Hooghly-712101. ---------- Opposite Partis.
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member
Smt. Sharmi Basu, Member
Order No. 22 Dated 17/10/2012.
The petition of complaint has been filed by the complainant Bhaskar Bose against the o.ps. Mahindra and Mahindra Financial Service Ltd. and another. The case of the complainant in short is that complainant purchased a vehicle from o.p. no.2 and took loan from o.p. no.1 for the said vehicle but after total payment of entire consideration amount for the said vehicle as per terms and considerations of o.p. no.1, both the o.ps. in collision with each other denied to handover the original papers relating to the vehicle in question to the complainant despite repeated request made by complainant. Hence the case was filed by complainant with the prayer contained in the petition of complaint.
Both o.ps. did not contest the case by filing w/v and matter has been heard ex parte against both o.ps.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular. It is clear that there is no dispute to the fact that complainant purchased the vehicle in question from o.p. no.2 taking loan from o.p. no.1 and it is nobody’s case that complainant did not pay the full consideration amount. O.ps. have not put forward to rebut the evidence of the complainant and as such, the evidence adduced by complainant has remained unchallenged testimony and we do not find any earthly reason to disbelieve the evidence adduced by complainant and we hold accordingly that the complainant is entitled to relief and o.ps. had sufficient deficiency in serviced being service provider to their consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed ex pate with cost against both the o.ps. Both the o.ps. are jointly and/or directed to handover all the relevant documents / papers relating to the vehicle in question being no.WB-02Q-7715 against the loan account no.543852 dt.30.11.06 to the complainant within 45 days from the date of communication of this order and are further directed to pay compensation of Rs.25,000/- (Rupees twenty five thousand) only for the harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
