In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, 4^th Floor, Kolkata-700087.

CDF/Unit-I/Case No.302 / 2010.   

1)            Sri Suryakanta Dhar,

           175, G.T. Road,

           P.O. & P.S. Uttarpara, Dist. Hooghly                                                              ---------- Complainant

---Versus---

1)                   Tata Motors Finance Ltd.

            5/1/A, Hunger Fort Street,

            Kolkata-71,  P.S. Shakespeare Sarani.

2)                   Lexus Motor Ltd.

            209, A.J.C. Bose Road, Karnani Estate,

            Beck Bagan, Calcutta.                                                                                 ---------- Opposite Parties

Present :     Sri Sankar Nath Das, President.

                  Smt. Sharmi Basu, Member

Order No.   27    Dated  10-04-2013.

            The case of the complainant in short is that the complainant as unemployed person with the intention to maintain himself, widow mother and his family members decided to purchase one four wheeler vehicle to be utilized for additional earning purpose and the complainant was not financially equipped so the complainant was needed financial assistance and made approach  to o.p. no.1 for financial help and o.p. no.1 asked the complainant to make apply for the said purpose and agreed to assist the complainant to purchase vehicle by granting loan.  

            Complainant purchased vehicle model Indica-2 and for the total consideration of Rs.3,20,000/- from o.p. no.2 and the complainant paid and depositing from his own account Rs.60,000/- more or less being the part price in the bank of o.p. no.1 and o.p. no.1 granted loan of Rs.2,60,000/- and o.p. no.1 supplied PDC list, that is the amount of EMI is to be deposited in 20 instalments at the rate of Rs.6857/- per instalment and o.p. no.1 took post dated 20 cheques from the complainant.

            Complainant took delivery of the vehicle from o.p. no.l2 on 14.8.07 and complainant started to deposit instalment at the rate of Rs.6857/- per month from 11.9.07 total amount deposited Rs.27,428/- in 4 instalments except the amount paid Rs.57,392/- at the time of taking loan but complain ant due to eye sight for cataract could not ply the vehicle and informed o.p. no.1 conveying his difficulties of non depositing of instalment in January, 2008, but at last the complainant considering his difficulties surrendered the said vehicle being advised by o.p. no.1 in Feb.2008.

            O.p. no.1 handed over one repossessed vehicle inventory list bearing same no.6956 on 8.2.08. Complainant states that at the time of surrendered of the vehicle no certificate was given to the complainant.

            Further case of the complainant is that complainant took loan on 7.8.,07 and Rs.2,60,000/- only and the cost of the vehicle Rs.3,20,000/- only, Rs.57,392/- only was already deposited and Rs.27,428/- was deposited on account of 4 EMI so the duty of o.p. no.1 only to make estimate then assessment of valuation and the price of the vehicle and the due shall be calculated adjusting payment made and also adjusting the price as it was on 8.2.08 and if balance amount in excess found shall be repaid to the complainant.

            O.p. no.1 practically has/have no claim and also cannot claim interest on and from 8.2.08 but o.p. no.1 is claiming from the complainant Rs.2,18,806/-. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.

            O.ps. did not contest this case by filing w/v and matter was heard ex parte against the o.ps.