West Bengal

Hooghly

MA/38/2022

MD. SAMSUDDIN - Complainant(s)

Versus

TATA MOTORS FIINANCE LIMITED - Opp.Party(s)

SANGRAM CHAKRABORTY

13 Oct 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, HOOGHLY
CC OF 2021
PETITIONER
VERS
OPPOSITE PARTY
 
Miscellaneous Application No. MA/38/2022
( Date of Filing : 24 Aug 2022 )
In
Complaint Case No. CC/117/2022
 
1. MD. SAMSUDDIN
100/60 G.T ROAD(WEST), BAGKHAL, P.O- RISHRA, P.S- RISHRA PIN- 712243
HOOGHLY
WEST BENGAL
...........Appellant(s)
Versus
1. TATA MOTORS FIINANCE LIMITED
MADHYA HALIA , KONA MORE, HOWRAH, BENARAS ROAD, PIN- 711114
HOWRAH
WEST BENGAL
2. MANAGER OF TATA MOTORS FIINANCE LIMITED
NO 41, 1ST FLOOR, CHOURANGEE ROAD, P.S- SHAKESPEARE SARANI, KOLKATA - 700071
KOLKATA
WEST BENGAL
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Debasish Bandyopadhyay PRESIDENT
 HON'BLE MRS. Minakshi Chakraborty MEMBER
 HON'BLE MR. Debasis Bhattacharya MEMBER
 
PRESENT:
 
Dated : 13 Oct 2022
Final Order / Judgement

This M.A. case has been filed by the complainant/ applicant today is fixed for hearing of this M.A. case.

Both sides are found present.

W/O has been filed.

This M.A. case has been cropped up in view of the application filed u/s 38(8) of Consumer Protection Act, 2019 for passing an ad interim order of injunction restraining the op nos. 1 and 2 from removing the vehicle in question of this case.

Perused the application and its written objection.

After going through the material of this case record it appears that there is prima facie case and urgency in favour of the complainant for passing such order. Moreover balance of convenience and inconvenience is in favour of the complainant. All these factors are clearly indicating that there is necessity of passing an ad interim order of injunction.

But facts remains that an order of injunction in the form of maintaining status quo in respect of the nature, character, possession of the vehicle which is existing even today can be passed. So, parties are directed to maintain the order of status quo in respect of the nature, character, possession of the vehicle which is existing even today till the disposal of this case.

In the light of the observation made above this M.A. case is disposed of on contest.

 

 
 
[HON'BLE MR. Debasish Bandyopadhyay]
PRESIDENT
 
 
[HON'BLE MRS. Minakshi Chakraborty]
MEMBER
 
 
[HON'BLE MR. Debasis Bhattacharya]
MEMBER
 

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