Order No. 2

The case is taken up for admission hearing.

The brief dispute raised by the complainant is that the complainant approached for credit facility for purchase of a vehicle for the purpose of self employment from sole opposite party. Accordingly complainant and the opposite party entered into an agreement on 26/08/2021 and pursuant to the agreement the complainant was granted credit facility of Rs.11,50,000/- (Rupees eleven lakh and fifty thousand) only. According to the hypothecation agreement the petitioner agreed to reimburse the said loan amount along with interest accrued thereon by way of total 47 consecutive monthly  instalments at Rs.35,300/- (Rupees thirty five thousand and three hundred) only each and same and except the first instalment which was for Rs,38,000/- (Rupees thirty eight thousand) only.

However, the hypothecation agreement dated 26/08/2021 has not yet been handed over to the complainant for the reason best known to opposite party.

With the aid of the said credit facility amounting to Rs.11,50,000/- (Rupees eleven lakh and fifty thousand) only the petitioner purchased a second hand vehicle. The said vehicle has been approved by the State Government in favour of the complainant on 18/08/2021 by issuance of Form-23 (Certificate of Registration) prior to the sanction of the said credit facility by the opposite party. According to the complainant till 30/10/2023 the EMIs had been paid regularly by the complainant out of the total 47 nos. of EMIs @Rs.35,300/- (Rupees thirty five thousand and three hundred) only. The complainant has already paid up to 25 numbers of the EMIs to the opposite party.  On 26/11/2023 in course of lying said vehicle by the complainant on NH6 near Kharagpur some unknown musclemen claiming to be the agent  of the opposite party snatch away the vehicle from the custody of the complainant by issuance of a seizure list/inventory list. According to the complainant the last EMI was paid on 30/10/2023. Also no demand notice was address to the complainant by the opposite party prior to taking possession of the vehicle on 26/11/2023.

The complainant further submits that in the letter sent by the opposite party dated 27/11/2023 no amount of claim has been mentioned whereas he has been requested to clear the dues within 7 days from the date of the notice.

Ultimately on 30/12/2024 the complainant sent a demand notice through his Ld. Advocate to the opposite party demanding / return of the vehicle to the complainant within 7 days.

In response to the demand notice Ld. Advocate for the opposite party vide letter dated 05/01/2024 denied all the claim of the complainant.

Thus the complainant suffered tremendous harassment, mental agony and financial loss.

Thus, being aggrieved the instant consumer complaint has seeking the relief to return or release the vehicle or to refund the entire paid up EMIs amount of Rs.8,82,500/- (Rupees eight lakh eighty two thousand and five hundred) only along with 12% interest. Also the complainant had prayed for Rs.5,00,000/- (Rupees five lakh) only as  damages and Rs.50,000/- (Rupees fifty thousand) only as litigation cost.

We have heard the Ld. Advocate for the complainant at length and have gone through the consumer complaint and all the documents annexed therein.

The complainant undisputedly come under the definition of consumer as defined in Consumer Protection Act,2019.

However, on perusal of the statement of accounts showing dates of repayment of EMIs; it is observed that the complainant has not paid the instalments on regular interval on the due dates. In some months no payment has been made, if any one avails credit facility from a financier he is duty bound to repay the loan on regular basis. Failure to do so make him liable to pay interest and also to face consequences as agreed upon in the loan agreement in the instant consumer complaint filed by the complainant as avert that he had never been provided with the copy of loan agreement. He has not attached any piece of paper to show that he had asked with the document from the opposite party. Also on perusal of the letter dated 27/11/2023 complainant did not send any letter to the opposite party asking for the details of amount required to be paid by him towards interest on delayed payment of EMIs or penalty as the case may be. Therefore, the complainant has miserably failed to establish his case prima facie that there is any unfair trade practice or deficiency of service.

Hence, it is

O R D E R E D

that the complaint case be and the same is dismissed without any order as to cost.