West Bengal

Birbhum

MA/50/2019

Sri Biswajit Sinha - Complainant(s)

Versus

Sri Subrota Das, Proprietor M/S Tripati Construction co - Opp.Party(s)

10 Apr 2019

ORDER

One Mir Abul Basar, of Vill. Mollarpur Muslimpara, P.O. Mollarpur, Dist. Birbhum has filed an application U/s 12 of the Consumer Protection Act, 1986 (as amended up to date) against the O.P to pass an order directing the Op to give possession of the vehicle being No. WB 41C 8009 to the complainant and for other relief. Total valuation is less than Rs. 5 Lacks. Filing of postal order is exempted in view of amended rule 9A of Consumer Protection Rule 1987.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             The case has been filed in time. Register it. Full requisites have been filed.

The case is taken up for admission hearing as interim petition is filed.

Perused the Complainant and documents.

            Heard.

            We find prima facie case.

Let the case be registered.

The petitioner also files a petition praying for passing an interim order for restoration of the possession of the vehicle being registered No. WB 41C 8009.The petition be treated as M.A/50/2019.

Perused the petition filed by the Complainant and documents. Heard LD. Advocate/Agent of the Complainant.

It is the case of the Complainant Mir Abul Basar that he purchased vehicle No. WB 41C 8009 for his self-employment. He uses to maintenance his livelihood from the income derived from the said vehicle.

He took the final assistance from the OP for the vehicle and value of the vehicle was Rs. 4,42,130/-. Rs. 4,00,000/- was financed by the OP subject to payment in 33 easy monthly installments and the installments has been fixed of Rs. 20,000/- for 24 EMI, Rs. 2,800/- for 9 EMI.

He made payment of Rs. 1,20,000/- but due to financial crisis could not pay last 2 EMI of Rs. 20,000 each i.e.=40,000/-.

It is the further case of the complainant that on 29/03/2019 the OP with help of men/agent took possession of the said vehicle forcibly without service any notice.

It is the further case of the complainant that he is ready to pay actual dues amount in EMI and he requested before the OP to release the vehicle and to give further opportunity to repay the outstanding loan amount in easy EMI @ Rs. 20,000/- each, but the OP did not pay any heed on the request of the complainant.

Hence this interim petition.

 We find that the complainant has been earning his livelihood from the vehicle in question. But the OP took possession of the same forcibly and it may be sold out by them. We further find that only two EMIs have not been paid by the complainant due to some trouble.

 

 

In this juncture we think ends of justice would be met up if the complainant is directed to pay said two instalments within 10 days from this order with further direction to pay next instalments regularly and the OP is directed to hand over the possession of the vehicle in question immediate after receipt of two instalments amounting to Rs. 40,000/-.

Accordingly prayer for interim order (ad interim) is allowed till 14.05.2019.

Let copy of this order be supplied to the complainant at free of cost.

Let the copy of the order be sent to the OP by speed post for compliance.

Thus MA is disposed of.

Fix. 14/05/2019 for S/R and appearance.