Tripura

West Tripura

CC/12/2015

Shri Subrata Kanti Roy. - Complainant(s)

Versus

Sriram Transport Finance Company Ltd. & 1 another. - Opp.Party(s)

Self

11 May 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM
WEST TRIPURA : AGARTALA

CASE   NO:   CC- 12    of   2015

Sri Subrata Kanti Roy,
S/O- Lt. Satyendra Chandra Roy,
C/o- Sri Nitai Dey,
South Badharghat,
Near Nimbark Asram,
Agartala,West Tripura.            …...Complainant.

VERSUS

1. Sriram Transport Finance Company Ltd.,
101-105 Shiv Chambers,
First Floor,
B. Wing, Sector-II, C.B.D.,
Belapur, Navi, Mumbai- 400 614.

2. Sriram Transport Finance Company Ltd.,
Agartala Branch,
Represented by the Branch Manager,
Shibnagar, 
College Road,
Agartala- 799004,
P.S. East Agartala,
West Tripura.            .........Opposite parties.

   
      __________PRESENT__________

 SRI A. PAL,
PRESIDENT,
  DISTRICT CONSUMER  DISPUTES REDRESSAL FORUM,
      WEST TRIPURA, AGARTALA. 

SMT. Dr. G. DEBNATH
MEMBER,
  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, 
  WEST TRIPURA,  AGARTALA.

C O U N S E L

For the Complainant        : Sri Partha Bikash Singh,
                      Advocates.

For the O.P. No. 1 & 2        : Sri Suman Bhattacharjee,
                      Advocate. 

        JUDGMENT  DELIVERED  ON:  11.05.2016

J U D G M E N T       
        This case was filed by one Subrata Kanti Roy U/S 12 of the Consumer Protection Act. Petitioner's case in short is that he started transport business and purchased one second hand lorry with the finance assisted from O.P. No. 1 and 2 Sriram Transport Finance as per higher purchase agreement. Rs.2,88,130/- was paid time to time. Entire amount was repaid but clearance certificate not given by the finance company. Therefore, this petition filed alleging about the deficiency of service.

2.        O.P., failed to produce W.S. The complainant was then produced the witness, oral and documentary.  

3.        On the basis of evidence produced we shall now determine the case. 
                Findings:
4.        The vehicle was purchased for commercial purpose. It was not for the purpose of earning his livelihood by means of self employment. He appointed one driver for driving the vehicle. It is true that the person who buys goods or uses himself exclusively for the purpose of livelihood by means of self employment can not be said for commercial purpose and will be treated as a consumer. When it is driven by another person then it can not be said that it was used for self employment. The petitioner had taken loan from the O.P. on condition that it would be repaid by 35 installments. There was delay in payment. Petitioner is ready to pay the amount. O.P. demanded Rs.1,50,000/- after payment of Rs.2,82,000/-.  It is true that the vehicle was purchased not for self employment but for commercial purpose. But dispute is not related to plying of the vehicle, but it is the matter of loan taken from the O.P. According to the petitioner loan was paid and he is ready to pay the penalty for late payment. Subject matter of the dispute is in regard to loan payment. Not on the matter of business. On that perspective this consumer court can give redress to the petitioner. O.P. finance company did not clarify what amount they are entitled to get as penalty or interest for delayed payment of loan. We therefore, direct the Finance Company to calculate the interest ready for delayed payment, realize the same from the petitioner and issue clearance certificate. Finance company should not claim exorbitant amount without calculation unreasonably. If it is demanded in such a way then it will be deficiency of service. We decide that there was no deficiency of service by O.P. as the matter is related to commercial purpose but we direct the O.P. to give details about the penalty for delayed payment, realize the same from the petitioner and issue clearance certificate in respect of loan taken from finance company. Accordingly this case is disposed.
                               Announced.

 

SRI A. PAL
PRESIDENT,
DISTRICT CONSUMER  DISPUTES 
REDRESSAL FORUM,
WEST TRIPURA,  AGARTALA.

 

SMT. DR. G. DEBNATH,
MEMBER,
 DISTRICT CONSUMER DISPUTES 
REDRESSAL FORUM, 
WEST TRIPURA, AGARTALA