West Bengal

Paschim Midnapore

CC/103/2015

Sri Sukumar Pramanik - Complainant(s)

Versus

The Branch Manager, Cholamandalam Investment and Finance Co.Ltd. - Opp.Party(s)

18 Mar 2016

ORDER

                                                             DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

Bibekananda Pramanik, President,

&

Mrs. Debi Sengupta, Member

   

Complaint Case No. 103/2015

                                                       

                                        Sri Sukumar Pramanik……………………..….……Complainant.

Versus

 

1)The Branch Manager, Cholamandalam Investment and Finance Co. Ltd. Kharagpur Branch;

2)The Branch Manager, Cholamandalam Investment and Finance Co.  

Ltd. Tamluk Branch.…….....…..Opp. Parties.

 

              For the Complainant: Mr.  Sanjib Kumar Biswas, Advocate.

              For the O.P.               : Mr. Somnath Guin, Advocate.

 

Decided on: -18/30/2016

                               

ORDER

                          Bibekananda Pramanik, President – Facts of the case, in brief, is that the complainant is a business man and he is running his business of size woods and saw mill named and styled as M/s-B.K.M. Saw Mill at Harasankarpur within the jurisdiction of this Forum.  For carrying goods of his said sole proprietorship business,  the complainant purchased a vehicle by taking financial loan from opposite party no.1 on hire purchase basis but the opposite party no.1 did not hand over the papers of loan agreement and the complainant is therefore in the dark regarding the terms and conditions of the agreement.  Loan amount of Rs.9,18,000/- was disbursed on 31/03/2012 out of total cost of Rs.11,58,000/-.  Tenure of installment for repayment was 44 from the period from

                                                                                                           Contd…………….P/2

 

 

 

 

( 2 )

01/04/2012 to 01/11/2015.  Complainant paid EMI in regular basis and if the complainant failed to deposit EMI within due date, the opposite party used to charge extra money and the same was recovered from the complainant.  Opposite party also collected extra money for collection of EMI from the complainant.  When the complainant raised objection to such act, then he was threatened by the opposite party no.1. On 14/05/2014, complainant deposited Rs.28,500/- in the cash counter of opposite party no.1.  On 11/06/2015, the complainant informed the opposite party no.2 that as he is busy in urgent matter, he is unable to present personally for depositing  the due amount of EMI and accordingly the complainant sent the installment amount through  his driver Sanjib Singh.  The complainant requested opposite party no.1 to provide a detailed statement of account in connection with the loan account.  But the opposite parties forcibly repossessed the vehicle of the complainant by compelling him to sign on repossession inventory list without service of any demand notice.  On false demand by the opposite party no.1, complainant deposited Rs.75,220/- and thereafter the opposite party released the vehicle.  It is stated that the opposite party illegally claimed such amount of Rs.75,220/- from the complainant. Although the opposite party assured regarding adjustment of excess amount which was paid by the complainant but the same has not been done. On several times, the complainant met the opposite parties but they did nothing for refund of excess amount and for providing him with statement of account.  Hence the complainant, praying for directing the opposite parties to make refund of the excess amount and for compensation and litigation cost.

   Opposite parties appeared in this case but finally they neither filed any written objection nor they contested this case for which the case was ordered to be heard ex parte.  Hence, the ex-parte hearing.

   To prove his case, the complainant has relied upon some documents, so filed by him but he adduced no oral evidence.

 

Point for decision

                      Is the complainant entitled to get the reliefs, as sought for?    

                   

Decision with reasons

 At the very outset, it appears that in his petition of complaint, the complainant has stated that he is a business man and he has been running his said business of size woods and

                                                                                                            Contd…………….P/3

 

 

 

 

 

 

( 3 )

saw mill named and styled as M/s B.K.M Saw Mill and he purchased the vehicle in question with the financial assistance of the opposite party no.1 for the purpose of carrying goods of his said sole proprietorship business.  Nowhere in his petition of complaint, the complainant has stated that he has been running his said business for the purpose of earning his livelihood by way of self- employment.  Section 2 (1)(d) of the Consumer Protection Act provides that a person who purchases goods or avails service for any commercial purpose is not a ‘consumer’ unless and until it is shown that he purchased such goods or availed such service for earning his livelihood  by way of self -employment.  Here in this case, as stated earlier, the complainant himself has stated in his petition of complaint that he is a businessman and for carrying goods of his said business, he purchased the vehicle in question.  He does not state that he runs his said business for earning his livelihood by way of self -employment.  In view of that, we are constrained to hold that the complainant is not a ‘consumer’ within the meaning of Section 2 (1) (d) of the C.P Act and therefore the present petition of complaint is not maintainable and as such it is liable to be dismissed. 

                                                  Hence, it is,

                                                                      Ordered,

                                            that the complaint case no.103/2015  is hereby dismissed ex parte.

                              Let plain copy of this order be given to the complainant free of cost.

                 Dictated & Corrected by me

                                Sd/-                                           Sd/-                                          Sd/-

                           President                                    Member                                   President

                                                                                                                          District Forum

                                                                                                                      Paschim Medinipur