In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.347/2011.
1) Sayad Jamshed Ali,
Village – Ramchandrapur,
PO. & PS. Sutahata, Dist. Purba Medinipur, Pin-721635. ---------- Complainant
---Versus---
1) Tata Motors Finance Ltd.
Apeejay House, Block ‘C’, 5th Floor,
15, Park Street, Kolkata-16.
2) Tata Motors Finance Ltd.
Nanavati Mahalaya, 3rd Floor,
18, Homi Modi Street, Mumbai-400001.
3) Tata Motors Finance Ltd.
TMFL Kharagpur Branch,
Messrs. South Bengal Automobile,
Plot No.886, 896 Railway Goods Shed,
Jhamtapur, Midnapore (West), 721301.
4) Tata AIG General Insurance Co. Ltd.
Peninsula Corporate Park, NicholasPiramalTower,
9th Floor, Ganpatrao Kadam Marg,
Lower Parel, Mumbai-400013. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Order No. 20 Dated 26-09-2013.
The case of the complainant in short is that complainant has purchased Tata ACE Magic 8 SEA vehicle to earn his livelihood on self-employment basis by borrowing a loan of Rs.2,30,000/- from o.p. no.1 Tata Motors Finance Ltd.from its Branch Office at Kharagpur, Medinipur (West) on 29.6.09 on certain terms and conditions.
Complainant has already repaid 18 monthly installments at the EMI rate of Rs.7640/- to o.p. no.1 through his savings pass book maintained at the office of the State Bank of India, Chaitanyapur by producing A/C Payee Cheques commencing from August, 2009.
Complainant had paid cash amount of Rs.7640/- to the representative of o.p. no.1 and also handed over 35 numbers of post dated cheques amounting to Rs.7640/- each as against the loan. Out of 35 post dated cheques 18 cheques have been encashed by o.p. Tata Motors Finance Ltd. uptil now.
O.p. had neglected to forward the original insurance papers to the complainant during the period from July 2010 to July 2011 the complainant could not ply his vehicle on the road and thereby he had sustained huge loss both to the profession and the vehicle itself.
The vehicle of the complainant got damaged as it was stranded at the garage for a long time in the absence of the original insurance papers during the year 2010-2011.
Complainant was compelled to stop payment of the installments @ Rs.7640/- per month commencing from Feb 2011 due to gross deficiency in service and negligence on the part of o.p. nos.1 to 4 as they had failed to supply original insurance papers to the complainant for enabling him to ply the vehicle on the road by obtaining Road Tax receipt from the Regional Transport Authority, Midnapur (West).
O.p. Tata Motors Finance Ltd. by issuing lawyer’s letter dt.16.5.11 and 26.8.11 had intended to take over possession of the vehicle of the complainant forcibly through illegal manner. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular and we find that o.p. no.4 neglected to forward the original insurance paper to the complainant during the period from July 2010 to July 2011 which compelled the complainant to stop making payment of balance EMI and this act on the part of o.ps. amounts to deficiency in service being service provider to their consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.ps. O.ps. are jointly and/or severally directed not to take over possession of the vehicle no.WB-29A-0695 from the possession of the complainant and o.p. no.4 is strictly directed to issue insurance certificate in favour of the complainant forthwith and thereafter complainant shall make payment of balance EMI as usual inclusive usual interest due to stop payment of EMI by complainant. O.p. no.4 is further directed to pay to the complainant compensation of Rs.5000/- (Rupees five thousand) only for harassment and mental agony and litigation cost of Rs.2000/- (Rupees two thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. 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.
