West Bengal

Birbhum

MA/45/2023

Dipak Saha - Complainant(s)

Versus

Tata Motors Finance Ltd. - Opp.Party(s)

06 Oct 2023

ORDER

Shri Sudip Majumder- President-in-Charge.

On the date of filing of this case, the complainant files another application filed by the complainant and stated that the complainant moved the application U/S 38 of the C.P Act for ad-interim order of junction restraining the OP and his men and agent to take possession of the vehicle being model No. LPK 2523 HD, Registration No. JH 04T 5793, Chassis No. MAT479185L3B02703, Engine. No. SBE592304002B63829697. Thus the complainant prayed to pass an order directing the OP  not to possession of the vehicle being Registration No. JH 04T 5793.

Today is fixed for filing requisites.

Complainant files requisites today. Issue summon/notice accordingly. B.C. to do the needful.

            The petition filed by the complainant and same has been registered as M.A. Case being No. 45/2023. Record is now taken up for passing of order.

Perused the petition. Considered.

            The complainant stated in his application that Ld. Commission after hearing and perusing the material on The Complainant/petitioner also files an interim application U/S 38 (8) of C.P Act. 2019. It is alleged that the complainant purchased the vehicle in question vide Registration No. JH 04T 5793 with the financial assistance of the OP and as such the OP is the service provider of the complainant. The complainant purchased the vehicle for the use of himself and this family members at a consideration of

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Rs. 34,70,000/- after taking financial assistance from the OP. The initial down payment of Rs. 4,73,160/-

and it was agreed that the rest loan amount of Rs. 29,96,840/-  will be paid by the OP and payment of 42

monthly installments, and the rate of monthly installment has been fixed of Rs. 83,405/- vide Contract No. 5003354803 dated 27-02-2020.

               It is also the complainant/petitioner case that till this date he paid 31 installments Rs. 24,64,896/- and the complainant paid last EMI on 31/07/2023. It is the case of the complainant that he failed to pay the few installments due to COVID-19 pandemic situation, but the OP did not consider the circumstances and tried to snatch away the vehicle in question by their men and agent. Hence, this application is filed by the complainant with a prayer to give direction to the OP not to take possession of the vehicle being registration No. JH 04T 5793.

Considering the facts and circumstances of the case as well as the balance of convenience and inconvenience and irreparable loss and injury this Commission in of view that there is sufficient prima facie case in favour of the complainant/petitioner.

Hence,

            ordered,

                        thus the prayer for interim relief as files by the petitioner is considered and allowed exparte.

The OP is directed not to take possession of vehicle being registration No. JH 04T 5793 till the next date.

  Thus the M.A. Case No. 45/2023 is disposed of.

  Fix 07/11/2023 for appearance and filing w/v by the OP.

Copy of this order be supplied to the parties each at free of cost.