DIST. CONSUMER DISPUTES REDRESAL FORUM
NORTH 24 Pgs., BARASAT.
C. C. CASE NO. 332/2014
Date of Filing: Date of Admission Date of Disposal:
19.06.2014 10.07.2014 11.09.2015
PETITIONER = Vs. = O.Ps.
Sri shib Sankar Guha, 1. Shriram Transport Finance Co. Ltd,
S/o. Late Basudeb Guha, 3rd floor, Mookambika Complex,
Farid Pally, 4, Lady Desika Road, Mylapore,
P.O. Birati, Chennai- 600004.
P.S. Nimta, 2. Shriram Transport Finance Co. Ltd,
Dist- North 24 Pgs, Turner Morrison Building,
Kol-51. 6, Lyons Range, Calcutta-11,
Kol-700001.
3. Shriram Transport Finance Co. Ltd,
43, Jessore Road, 2nd Floor,
Dist- North 24 Pgs,
P.O and P.S. Barasat,
Kolkata- 700124.
Advocate Name of the Complainant:- Ayon Roy Chowdhury and others.
Advocate Name for the OPs:- Rajesh Biswas.
P R E S E N T :- Smt. Bandana Roy….…....President
:- Sri Rabideb Mukhopadhay …..Member
J U D G E M E N T
Facts of the case, in short, is that the O.P. No.1 is a financing sector and the O.P. Nos. 2 and 3 are the Regional and Branch offices and have been running its financing business throughout all over India including the state of West Bengal. The complainant being an unemployed youth decided to purchase a vehicle to start a business for his own livelihood.
The complainant stated that he approached the O.P. No.3 for the loan for the purchase of a lorry and the O.P. no.3, after considering all aspects advanced a loan being loan account No. CALC20302210004 amounting to Rs. 5,00,000/-.
The complainant further stated that upon availing of such loan the complainant took delivery of the vehicle model No. of which is TATA LPT being No.-WB 25B /5959 detail particular of the vehicle is given in the schedule below
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from Lexus Auto Mobiles Pvt. Ltd having its show room at Moynagadi, Barasat, North 24 Pgs and a sale certificate mentioning full particulars of the vehicle was issued in favour of the complainant by the said order.
The complainant also stated that after purchase of the said vehicle, the competent authority M.V. Department issued certificate, certificate of fitness, goods carriage permit etc. in favour of the complainant in compliance with rules as embodied in Motor Vehicles Act.
The complainant further stated that the complainant got the vehicle insured with the Bajaj Allianz General Insurance Co. Ltd and certificate of insurance containing policy NO. OG-14-2421-180300000709 was issued in favour of the complainant.
The complainant also stated that at the time of advancing the loan amount the O. P. No.3 issued computerized information notes containing contract No. customer details, Guarantor, detail, dealer, detail, product, details installment details etc. in favour of the complainant but in nowhere rate of interest(percentage of Interest) was mentioned and this complainant pointed out the same and the O.Ps assured the complainant that details data including rate of interest will be mentioned in the agreement to be entered into by and between the complainant and the O.Ps later on and upon such submission, the complainant was rest assured.
The complainant further stated that the EMI was fixed at Rs. 19,800/- by the O.P. No.1 and the period of contract was from 20.03.13 to 20.12.16 and the complainant was liable to pay the loan amount with interest in instalments as per the O.Ps the then decision and at the time of advancing such loan amount, the O.Ps took signature of the complainant in several blank and printed papers, forms, notices, stamps etc. and this complainant who is not much literate put his signatures in those papers and documents, totally on good faith at the dictation and as per instruction of the O.Ps who were in a dominant position and this complainant being an unemployed youth had only one target to avail of the loan and to purchase the vehicle for his livelihood and so this complainant had no other choice but to follow the instructions of the O.Ps.
The complainant also stated that the complainant is further constrained to submit that at the time of advancing the loan amount as well as obtaining different papers and documents, the O.P assured that the O.Ps shall enter into a written agreement containing specific terms and conditions with the complainant
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and it was assured that a copy of the agreement will be supplied by the O.Ps to the complainant but till this day the said copy of agreement in connection with the loan in question has not been supplied to the complainant by the O.Ps and so both the parties were not in a position to follow the initial terms and conditions of the agreement strictly and enjoyed relaxation and so the O.P received lump sum amount on several occasions without following the mode of payment.
The complainant further stated that the complainant had always bonafide intention to repay the loan amount but when the O.Ps failed and neglected to supply the copy of the written agreement to the complainant in spite of repeated reminders and requests, the complainant had to intimate the O.Ps that no further payment be given until and unless copy of the agreement is supplied to him as a result the O.Ps started threatening to take the possession of the vehicle forcibly and illegally from the possession of the complainant sometime in the middle part of the year 2013 and at that time the complainant once again assured the O.Ps that he would pay all the dues as and when the copy of the agreement was supplied to him and at that point of juncture the O.Ps directed the complainant to pay the dues at first and told that the prayer of the complainant for a copy of the agreement may be considered and upon such direction rather assurance, the complainant had to pay a lump sum amount more than one time and accordingly the O.Ps issued loan receipt to that effect.
The complainant also stated that upon receiving the said amount from the complainant, the O.Ps assured the complainant not to disturb the peaceful run of the vehicle and also assured to deliver the copy of the loan agreement in connection with the vehicle in favour of the complainant but the O.Ps in spite of receiving the amount on regular basis has not supplied the copy of the agreement to the complainant till this day and for such acts and activities of the O.Ps the complainant was saturated and disgusted and he has reason to believe that the O.Ps had some hidden agenda.
The complainant further stated that although the mode of payment by the complainant was brought to the notice of the O.Ps, the O.Ps declared the complainant as habitual defaulter and on that plea the O.Ps tried to take forcible possession of the vehicle which is plying on road on several occasions and the complainant somehow resisted them but constant threat to take the possession of the vehicle is coming from the side of the O.Ps and as such the complainant had reasonable apprehension that at any moment the O.P may take possession of the vehicle description of which is given in schedule below forcibly and illegally.
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The complainant also stated that thereafter the O.Ps suddenly sent a default notice dated 24.04.14 demanding an outstanding amount of Rs. 3,56,000/- and having received the same, heaven fell upon the head of the complainant and then and there he contacted the O.P. No.3 and wanted to know the reason of serving such notice upon him and O.P. No.3 failed to give any suitable reply and deliberately told that in case of failure to make the payment within a short period, they would take the possession of the vehicle without due process of law.
The complainant further stated that soon after service of such notice the O.P and their men and agents further tried to take out the possession of the vehicle by applying force and by flexing their muscle on several occasions but their illegal attempt were failed due to strong resistant by the complainant and so the complainant has no other choice but to approach the Ld. Court for proper redressal. Hence the complaint.
The O.P has contested the case by way of filing written version.
The O.P stated that the complainant has deliberately defaulted the payments terms as stipulated in the agreement and due to such ha huge amount to the tune of Rs. 3,56,000/- only as on 24.04.14 is falls due for payments by the complainant in favour of the O.P. The O.P has requested the complainant on several times to pay the outstanding loan amount in favour of the O.P. But the complainant did not pay any heed to such bonafide request of the O.P and duped the O.P with tomorrows.
It is further submitted by the present contesting O.P that the O.P issued one demand notice on 24.04.14 through advocate in favour of the complainant stating all the fact intimating the fact of non-payments of the outstanding loan amount by the complainant in favour of the O.P and requested to pay the outstanding loan amount as per agreement with penal interest for default periods. It is pertinent to mention here that the complainant more than one truck and he has transport business along with other business and he has taken two other commercial loans from the O.P to purchase truck for his transport business and the same cannot be considered as self-employment. So on that score the instant case is not maintainable and the same is liable to be dismissed. So there is no deliberate laches and negligence on the part of the present contesting O.P and also there is no deficiency in service on their part as the present contesting O.P has duly performed their part of duties with regard to the said claim application of the complainant and their services. It is pertinent to mention that the complainant at the time of taking the said loan has understands and agrees with
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the all terms and conditions of the said loan agreement that the payments of the loan repayment amount, are mandatory. But in spite of that the complainant has filed the instant case against the present contesting O.P to fulfill their evil intention and wrongful gain to terminate the prestige of the present contesting O.P and to realize the unlawful claim and money from the present contesting O.P. Hence the O.P prayed for dismissal of the case.
Point for decision:-
Whether the complainant is entitled to get any relief as prayed for?
Decision for Reasons
Both complainant and OPs filed affidavit in chief and documents. We have heard the submission of Ld. Lawyer for both the parties and we have perused the documents filed by the parties. OPs have stated that complainant has deliberately defaulted the payments terms as stipulated in the agreement and due to such and amount to be tune of Rs 3, 56, 000/- was due as on 24.04.2014 for payments by the complainant in favour of the OPs. The OPs has requested the complainant on several times to pay the outstanding loan amounts but the complainant did not pay heed to heed. OPs also alleged that the complainant has taken to other commercial loan from the OPs to purchase a truck for his transport business and the same cannot be considered as self employment. So, the present case is not maintainable and should be dismissed.
We have carefully considered the customers copy filed by the complainant and we are of the view that the complainant is paying the EMI more or less regularly to the OPs. OPs could not show by any cogent documents that the complainant purchased the truck for the commercial purpose. OPs also should supply copy of loan agreement to the complainant. If complainant pays the EMI more or less regularly OPs should not snatch the vehicle from the complainant.
Hence
Ordered,
that the complaint be and the same is allowed on contest against O.Ps.
OPs are directed to supply all the information and documents in connection with the loan agreement to the complainant within one month from the date of this order.
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OPs are also directed to pay compensation of Rs 20, 000/- and Rs 5,000/- as litigation cost to the complainant within one month from the date of this order, failing which OPs shall have to pay sum of Rs 100/- per days from the date of this order till it realization, as punitive damages, which shall be deposited by the OPs in this State Consumer Welfare Fund.
Let copies of the order be supplied to the parties free of cost when applied for.
Member President
Dictated & Corrected by me.
