Smt. Shampa Ghosh, Hon’ble Member:-
The case is filed by Shri Anil Kumar Singh S/o. of Nandlal Singh and Sri Kamalesh Singh S/o. Sri Ashok Singh both are residing at 156, Prince Golam Hossain Saha Road, P.S. – Jagatpur, Kolkata – 700 032 against 1.M/S. Mahendra Financial Service Limited of 4th Floor, K. Y. D. ST Kolkata – 700 016. 2.Mr. Suman Saha, authorized representative of Mahindra Financial Service Ltd. 3. M/S. Mahindra Finance Pvt. Ltd., Baruipur. 4. One Auto Private Ltd. 406 E. B. Bypass, Kolkata 700 099.
The complainant by filing this case states that the complainant purchased one Maruti Swift Desire from the showroom of OP No.4. Details of the vehicle registration No.WB04H1199. Total value of the vehicle Rs.6,25,953/-.
The OP Nos. 1, 2 & 3 sanctioned loan of Rs.5,00,000/- only vide Loan A/C No.4736421 to the complainant. The complainant contended in his petition that monthly installment was fixed of Rs.14,250/-. Monthly instilment was deducted from complainant’s Bank A/C. No.1517010011866 at United Bank of India, Jadavpur Vidyapith Branch and the complainant paid full consideration money to the OP-4 as earnest money for purchasing the said vehicle. Complainant stated that he paid all instalments and paying total amount to the OPs but despite full payment OP No.1, 2 & 3 sent a demand notice to the complainant to pay the defaulter amount Rs.96,000/- only under the said loan agreement. If the complainant fails to pay the said amount OP will seize the vehicle. The complainant also stated that if OP 1, 2 & 3 able to establish that there is any dues then the complainant is ready to pay that the amount to the OPs.
The complainant filed the instant complainant case before the Commission with a prayer of compensation Rs.50,000/- (Rupees Fifty Thousand) for harassment, Rs.1,00,000/- for legal expenses and Rs.1,00,000/- only for mental agony.
OPs contested the case by filing written version. OP denied all the allegations made by the complainant. It was contended by the OP No.1, 2 & 3 that the complainant purchased the vehicle from OP No.4. OP No. 1, 2 & 3 are the financer. After verifying the credentials, a loan of Rs.5,00,000/- along with finance charges of Rs.1,85,236/- at the total agreement value of Rs.6,85,236/- amount was sanctioned vide loan agreement No.4736421, pursuant to which loan agreement was executed on 17.04.2017 and as per loan agreement the complainant was supposed to pay a total tenure 47 No. of monthly installments with EMI amount Rs.14,250/-, which has been revised to Rs.16,831/- due to moratorium facility being opted by the complainant for the period of 6 months. The complainant failed to pay the installment since April, 2021 and currently there is an outstanding due of Rs.1,43,731/- along with the penal interest of Rs.63,975/-. The statement of A/C is annexed (Annexure-A).
OP raising objection that the complainant has suppressed the materials fact intentionally before the Commission. The OPs controverted the other averments of the complainant and prayed before the Commission that the complainant is not entitled to get any relief and to dismiss the case.
OP-4 also contended by the filing W/V. OP-4 denies all the allegations made by the complainant. The complainant purchased the said vehicle from his show room and the consideration amount was Rs.6,25,953/- only. Out of the aforesaid consideration amount, an amount of Rs.5,00,000/- was financed by the OP No. 1, 2 & 3 as a loan. OP-4 admitted that the consideration amount was fully paid by the Financers and the complainant. The complainant never raised any disputes to the quality of vehicle supplied by the OP No.4. So, OP-4 denies each and every allegations and prayed before the Commission to dismiss the case.
Points for consideration :-
- Are the complainants consumers?
- Are the OPs guilty of deficiency in service and unfair trade practice?
- Are the complainants entitled to get relief as prayed for?
Decisions with reasons :-
Points No.1, 2 & 3 :-
All points are taken up together for a comprehensive discussion.
On perusal of the case record along with the copies of documents on record, it appears that the complainant purchased one Maruti Swift Desire from the show room of OP No.4. Details of the vehicle of Registration No.WB 04 H 1199, total value of the vehicles Rs.6,25, 953/-. The complainant took a loan of Rs.5,00,000/- from OP Nos. 1, 2 & 3. The complainant paid full consideration amount of money to the OP No.4 for purchasing the said vehicle. Therefore, the complainant is a consumer as defined U/S 2(7) of the Consumer Protection Act, 2019.
The complainant purchased one Maruti Swift Desire from the show room of OP No.4. Details of the vehicle of Registration No.WB 04 H 1199, total value of the vehicles Rs.6,25, 953/- with financial assistance through loan agreement with Mahindra Finance Service Pvt. Ltd. and others vide loan agreement No.4736421, through payment of monthly installments. The complainant adjusted his one Bank A/C for the purpose of deducting monthly amount Rs.14,250/- from their Bank name United Bank of India, Jadavpur Vidyapith Branch, presently Punjab National Bank. A/C. No.1517010011866. Sanctioned loan was of Rs.5,00,000/- along with finance charges of Rs.1,85,236/- at the total agreement value of Rs.6,85,236/- vide loan A/C. No.4736421. Complainant stated that he has cleared the total loan amount, but the OPs made him defaulter in payment of installment and sent a legal notice to pay defaulter amount, otherwise they will take serious steps against him. On the other hand, submission of OPs as well as in the affidavit that the complainant has not cleared the total loan outstanding amount and Rs.93,237.95. is still due from the complainant to the OPs.
The complainant has stated that he has cleared the loan amount whereas the version of OP is still in varies thereof.
Perused the records and documents, it appears that the Statement of A/C submitted by the OP on the record showing the balance amount is still due from the complainant to the OPs, but no agreement paper has shown here by the complainant. There was no other communication by the complainant with the Finance Company that the complainant also wanted to get finance to purchase a car.
Complainant’s bank statement is not clear. Each entry of the Statement of A/C is required but the statements are insufficient and incomplete. There are no such documents to prove that the loan was given or loan was repaid. Banking Statement which was submitted by the complainant, there is nothing to show that the complainant has repaid the loan. The complainant had not taken part in BNA of arguments.
Hence it is clear that we cannot prove any deficiency of service here. It is also clear that the complainant is not entitled to get relief as prayed for.
In the result, the complaint case fails.
Fees paid is correct.
Hence, it is
ORDERED
That the instant complaint case be and the same is dismissed on contest.
There is not order as to cost.
Let a copy of this order be supplied free of cost to the parties concerned.
That the final order will be available in the following website:www.confonet.nic.in.
