West Bengal

Kolkata-I(North)

CC/46/2023

Binay Kumar Mishra - Complainant(s)

Versus

Mr. Ajay Roongta (Director) Add Truck Commercial Pvt. Ltd. - Opp.Party(s)

P. K. Giri

30 Mar 2023

ORDER

Consumer Disputes Redressal Commission, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/46/2023
( Date of Filing : 16 Mar 2023 )
 
1. Binay Kumar Mishra
S/o. Kuldeo Mishra, 184A, Muktaram Babu Street, P.S. - Jorasanko, P.O. - Burrabazar, Kolkata - 700007.
...........Complainant(s)
Versus
1. Mr. Ajay Roongta (Director) Add Truck Commercial Pvt. Ltd.
Add Truck Commercial Pvt. Ltd., Orbit,1, Gartin Place, Glat 3C, 3rd Floor, P.S. - Hare Street, Kolkata - 700001.
2. The Manager, Mohan Motor Udyog Pvt. Ltd.
Krishnanagar Road, (NH-34), Moynagodi, P.O. - Noapara, P.S. - Barasat, Pin - 7001235.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. Firoza Khatoon PRESIDENT
 HON'BLE MR. Sailaranjan Das MEMBER
 HON'BLE MRS. Maitreyee Chakraborty MEMBER
 
PRESENT:
 
Dated : 30 Mar 2023
Final Order / Judgement

 

Order No.3                         Date:30/03/2023

Ld. Advocate for the complainant is present.

The case is taken up for admission hearing.

Perused. Considered the complaint application.

It has been stated by the complainant that he purchased a commercial Taxi under Government Scheme of Gati Dhara from the opposite parties on obtaining loan of Rs.3,70,000/- (Rupees Three Lakh and Seventy Thousand)only from the opposite party no.2. The said commercial vehicle was hypothecated with the opposite party no.1 and the complainant was supposed to pay loan by way of paying 46 EMIs @ Rs.1,5210/- per month. Out of which complainant already paid 10 installments that a part complainant paid Rs.81,100/- in total by cash and Rs.41,500/- by Cheque No.000013 drawn on Bank of Baroda. He also deposited 17 blank cheques on Allahabad Bank of Hatibagan Branch, Kolkata with opposite party no.1. In spite of that the opposite parties compelled the complainant to handover the said commercial vehicle bearing no.WB-04H5180 to the opposite party no.1 on 31/01/2020.

Several correspondences were made with the opposite party no.1 to get back car but in vain.

According to the complainant the opposite parties are involved in unfair trade practice.

Hence, it is the case.

It is apparent from the fact narrated in the complaint that the cause of action has arisen on 31/01/2020 when the complainant was compelled to handover the car to the opposite party no.1.

Therefore, the instant complaint case is barred by limitation in view of the section 69 of the Consumer Protection Act, 2019.

 
 
[HON'BLE MRS. Firoza Khatoon]
PRESIDENT
 
 
[HON'BLE MR. Sailaranjan Das]
MEMBER
 
 
[HON'BLE MRS. Maitreyee Chakraborty]
MEMBER
 

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