In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.  281 / 2009

1)           Sri Upendra Kumar Pandey,

1, Lake Garden, Kolkata-700045.                           ---------- Complainant

---Verses---

1)           M/s Kotak Mahindra Bank Ltd.,

15, Park Street, Kolkata-700016.

2)           The Branch Manager,  

M/s Kotak Mahindra Bank Ltd.,

15, Park Street, Kolkata-700016.                           ---------- Opposite Party

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member.

                        Smt. Sharmi Basu, Member

Order No.    23       Dated   09/07/2012.

The petition of complaint u/s 12 of C.P. Act, 1986 has been filed by Shri Upendra Kumar Pandey against the o.ps. for recovery of his loss towards purchase of a truck financed by the o.ps.

            In brief the fact of the case is that on 1.3.1998 the complainant, a senior citizen, purchased a second hand Tata made truck (heavy vehicle of 10 wheels) bearing no. WB 25/5439, chassis no.380010 G.T & 204662 at a price of Rs.637000/- with a view to maintain his livelihood from income from the lorry by way of self employment. The o.ps. financed for purchasing the truck on the terms of repayment by instalments. The complainant has sated that when Rs.5,42,000/- of the outstanding loan was paid to o.ps. leaving a balance of Rs.95,000/- plus interest he had to stop regular payment for some difficulties. On 7.5.1999 the o.ps. sent him a letter intimating that the outstanding loan besides AFC and other incidental charges stands at Rs.1,12,2000/- and that the o.ps. will invoke rights as per terms of agreement in case the payments are not made within 7 days. On 18.5.99 the complainant made an appeal stating his difficulties to the o.ps. not to take any harsh action and assured them that he is prepared to settle the issue with a payment of Rs.2,60,000./- .

            But without any response to his leter dt.18.5.99 the o.ps. snatched away his truck, when plying on Bombay road, with registration certificate, tax book, insurance and oth er papers and necessary tools on 17.6.99. A.D.G. was lodged in Liluah P.S. Th ereafte the o.ps. transferred the truck to some Rastogi and the truck was registered in his name by the Motor Vehicle Deptt. of North 24 Prgs.

            Being disappointed the complainant moved the Hon’ble High Court and the Hon’ble Mr. Joyanta kr. Biswas in his judgment dt.14.1.09 WP No.2573(W)/2006 directed that “……. As to possession of the vehicle, the petitioner will be at liberty to move the appropriate forum including the civil and criminal courts seeking appropriate relief. In so far as restoration of his name to the certificate of registration I direct the Registering Authority to correct his records and issue an appropriate certificate to the petitioner showing that he is still the registered owner of the vehicle…..”

            In compliance with the said order the M.V. Deptt. of North 24 Prgs. Issued certificate of registration of the truck in question in the name of the complainant. But the truck is still out of his possession. He thus filed this petition to this forum with the aforesaid prayers.

            The complainant has now prays for a direction upon the o.ps. towards;

i)                    recovery of his property (truck) on delivering of a new lorry of he same model by the o.ps. or payment of the present price of the vehicle with interest,

ii)                   payment of a compensation of Rs.20 lakhs for deficiency in service,

iii)                 such other orders as deemed fit.

O.ps. had entered their appearance in this case by filing w/v. and denied all the material allegations labeled against them and prayed for dismissal of the case.

     Decision with reasons:

      We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant took a loan of Rs.6,37,000/- from the o.ps. for purchase of a heavy truck and as per evidence a loan of Rs.5,42,000/- was paid by him. All copies of receipt of loan recovery have not been produced. Also copy of the agreement for loan is absent. We are not thus in a position to account for AFC and other incidental charged to be paid by the complainant as indicated in the letter dt.7.5.99 of the o.ps. But it is clear from the said letter that the outstanding loan dues of the complainant was Rs.112200/- the material time. It has appears from the letter dt.18.5.99 of the complainant that minimum dues at that time was Rs.2,60,000/- including other charges. Thus considering all possibilities we are of the opinion that up to 18.5.99 the complainant had a loan of more or less Rs.4,77,000/- (Rs.6,37,000 – Rs.2,60,000) towards recovery of his loan including other charges.

      The complainant hired the services of the o.ps. for purchase of a truck and for some difficulties or other he had to stop instalments. He made a humanitan approach for recovery of the loan in his letter dt.18.5.99 but without responding to his appeal the o.ps. forcefully snatched away his truck plying on road and perhaps sold it to an another person. This is clearly a deficiency of service on the part of o.ps. As the complainant has been replying the EMI against this loan from the o.ps. taken for purchase of a truck for maintaining his livelihood on self employment, the complainant is a consumer. The complainant is also entitled to get compensation and relief for his mental agony and harassment and for loss. During argument ld. advocate of the complainant has pointed out that the car was of 1993 model and from 17.6.99 the car is not in the possession of the complainant and the longibity of the vehicle normally of 15 years, is exhausted. The recovery of such a car will not serve any purpose of the complainant.

      Though some of the documents, apparently negligible in their importance we, barring those documents have considered the case on merit.

      Hence,

                  Ordered,

      That  the case of the complainant is allowed on contest against the o.ps. with cost.

      The o.ps. are directed to pay severally or jointly a sum of Rs.5,42,000/- (Rupees five lakhs forty two thousand) only to the complainant together with an interest of 9% from 1.7.1999 till the date of realization.

      The o.ps. are also directed to pay severally or jointly a compensation of Rs.2,50,000/- (Rupees two lakhs fifty thousand)  only to the complainant, for his tremendous harassment and mental agony  and litigation cost of Rs. 20,000/- (Rupees twenty thousand) only within 45 days from the communication of this order, i.d. an interest @ 9% p.a. 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.

        ____Sd-______                  ____Sd-______             ______Sd-______

          MEMBER                         MEMBER                       PRESIDENT