This appeal is directed against the final order passed by the Ld. D.C.D.R.F, Jalpaiguri dated 11/03/2019 in reference to CC/32/2018. The fact of the case in nutshell is that the respondent no. 1 Mrs. Anita Das had purchased a Mahindra Scorpio Vehicle from Sona Wheels Pvt. Ltd. financed by the appellant Mahindra and Mahindra finance Service Ltd. The total loan was sanctioned to the tune of Rs. 9,50,000/- and interest Rs. 2,94,500 and it was stipulated in the said loan agreement that the loan amount will be reimbursed within 60 months by 59 monthly installments. After delivery of vehicle the complainant/respondent no. 1 has deposited the monthly installments regularly up to December 2017 but no ownership paper of the vehicle was handed over to the respondent no. 1 by Sona Wheels Pvt. Ltd. For want of papers of the vehicle the respondent no. 1 could not obtain the vehicle insurance and he also was debarred from paying road tax. As a result the vehicle remained unused and was stationed in an idle condition at a garage causing usual deterioration of the accessories of the vehicle. Subsequently, he registered the instant consumer complaint. The OP of the complaint case Sona Wheels Pvt. Ltd. and Mahindra and Mahindra finance Pvt. Ltd. submitted the written version and denied all the material allegations against them and Ld. Forum on the basis of the pleadings of both the sides has delivered the final judgment which is challenged in the appeal on the ground that Ld. Forum in the body of the judgment has mentioned some statements which are not the actual position of this case and for that reason, the certain portion of the order of the Forum is challenged here for deleting the same from the final order. The appeal was registered in due time and both the contesting parties of this appeal case has contested the case through their Ld. Advocates.

D E C I S I O N   W I T H   R E A S O N S

            Admittedly, the respondent no. 1 Anita Das has purchased the vehicle from the Sona Wheels Pvt. Ltd. financed by Mahindra and Mahindra Finance Pvt. Ltd. and monthly installments has to  be completely yet reimbursed and for that reason, the loan process is still continuing during the stage of argument of appeal. Ld. Advocate of the appellant pointed out that except certain statements in the body of the judgment and ordering portion of the judgment, the appellant has not disagreed with the observation Ld. Forum. The appellant wants to delete the statement in page 4 of the judgment the following portion of the judgment which is wanted to be deleted is mentioned here “both the parties have admitted that the entire loan amount has been paid by the complainant to the OP, therefore, the complainant has become the absolute owner of the car in question.”

He argued that as the loan transaction is continuing and full and final settlement of the loan has not yet completed. So, there is no scope to hold that the entire loan amount has already paid by the complainant. He further argued that Ld. Forum has correctly observed that the complainant has got registration certificate and can ply the vehicle on the road. Ld. Advocate further mentions that in the ordering portion of the impugned judgment, the observation “There remains no hindrance/obstacles from the end of other OP no. 1 Mahindra and Mahindra Pvt. Ltd. has been unnecessarily inserted in the ordering portion of the judgment and this portion of the order also should be deleted so that the judgment can be complied with by all the contesting parties of this case. The Ld. Advocate of the respondent no. 1 during the course of the argument mentions that the prayer of the appellant in the appeal may be granted and the respondent no. 1 has no objection in this regard as because the right of the bona fide consumer has already established in the said judgment and such right has not been challenged in the appeal. Considering all aspect, the appeal should be partially allowed.

Hence it is ordered,

O R D E R E D

That the appeal be and the same is partially allowed on contest without cost. The final order of the Ld. D.C.D.R.F, Jalpaiguri dated 11/03/2019 in reference to CC/32/2018 is hereby affirmed subject to delete the following statement in the page 4 of the judgment which to be deleted “both the parties have admitted that the entire loan amount has been paid by the complainant to the OP, therefore, the complainant has become the absolute owner of the car in question.” And in the ordering portion of the judgment, the statement “There remains no hindrance/obstacles from the end of other OP no. 1 Mahindra and Mahindra Finance Pvt. Ltd. and another OP Sona Wheels Pvt. Ltd.” also to be deleted. Considering the facts and circumstances, no cost is imposed here.

            Let a copy of this order be supplied to the parties free of cost and the same to be communicated to the Ld. Concerned Forum through e-mail.