In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 89 / 2012
1) Sankar Saha,
BE 24, Rabindrapally, P.O. Prafulla Kanan,
Baguihati, Kolkata-59. ---------- Complainant
---Versus---
1) Shreeram Transport Finance Co. Ltd.,
Through its Company Secretary,
101-105, Sahib Chambers, 1st floor, “B” Wing,
Sector 11, CBD, Belapur, Navi, Mumbai-400014.
2) Chief Manager, Shreeram Transport Finance Co. Ltd.,
4, Ho-chi Minn Sarani, P.S. Shakespeare Sarani, Kolkata. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member
Order No. 8 Dated 09/10/2012.
The petition of complaint has been filed by the complainant Sankar Saha o.ps. Shreeram Transport Finance Co. Ltd. The case of the complainant in short is that complainant is the regd. owner of Truck no.WB 41D 9629 and purchased the said vehicle for earning his livelihood. At the time of purchasing the vehicle complainant paid a sum of Rs.2,50,000/- to the dealer Ranjit Gupta and a balance amount Rs.5,00,000/- being financed by o.p. whereby complainant agreed to pay monthly installment @
Rs.19,100/- per month to o.p. bank which was started on and from 20.8.10 to 20.4.14. Complainant thus paid a sum of Rs.(2,50,000 + 2,32,920) = Rs.4,82,920/- till date. So, out of total finance Rs.5,50,000/- complainant already paid a sum of Rs.2,32,920/- till date. The value of the vehicle is Rs.7,50,000/- and complainant already made payment of Rs.4,82,920/-. In the month of July complainant unable to pay EMI to o.p. due to heavy rain in the month of July-August, 2011 and unable to use the truck for breakdown and complainant had been to Vellore for treatment of heart disease and in spite of regular payment, excepting some dues to o.p., o.p. intentionally and with an ulterior motive re-possessed complainant’s motor vehicle forcibly on 18.11.11 when the truck plying on the road. Hence the case was filed by complainant with the prayer contained in the petition of complaint.
O.ps. did not contest the case by filing w/v and matter has been heard ex parte against the o.ps.
Decision with reasons:
We have gone through the pleadings of the complainant, evidence and documents in particular and we find that the o.ps. have not come forward to challenge the evidence of complainant and the same has remained unchallenged testimony and we have no reason to disbelieve the evidence adduced by complainant and we hold that the o.ps. had sufficient deficiencies being service provider to their consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed ex parte against the o.ps. with cost. O.ps. are jointly and/or severally directed to return the vehicle no.41 D 9629 to the complainant within 45 days from the date of communication of this order and complainant is directed to pay the amount payable to o.ps. with interest as per terms and conditions as it stood on 18.11.11 i.e. uptil the date of repossession of the vehicle. O.ps. are further jointly and/or severally directed to pay a sum of Rs.2,25,000/- (Rupees two lakhs twenty five thousand) only for loss of daily earnings due to repossession of the vehicle on 18.11.11 by o.ps. and are further jointly and/or severally directed to pay compensation of Rs.50,000/- (Rupees fifty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% 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 free of cost.
