IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
MURSHIDABAD AT BERHAMPORE.
CASE No. CC/73/2014
Date of Filing: 11.06.2014. Date of Final Order: 11.09.2015.
Complainant: 1. Fakir Mahammad Mondal, S/o Late Anukul Mondal
2. Laitan Bibi, W/o Fakir Mahammad Mondal
Both of Kadam Sharif, P.O. Rousanbag, P.S. & Dist. Murshidabad.
Vs
Opposite Party: Branch Manager, Indusind Bank, Kadbeltola, Raha Service Cenre,
P.O. & P.S. Berhampore, Dist. Murshidabad.
Present: Sri Anupam Bhattacharyya ……………….. President.
Smt. Pranati Ali ……….……………….…………. Member.
FINAL ORDER
Sri Anupam Bhattacharyya, Presiding Member.
The instant complaint has been filed by the complainant u/s 12 of C.P. Act, 1986 praying for refund of Rs.1.85 lacs with compensation.
The complainant’s case, in brief, is that the complainant purchased a Tractor No. WBA-7851 in the year 2010 making down payment of Rs.1 lac and by loan of Rs.4 lacs for OP –Bank agent loan agreement at. 30.10.2010 with a installment of Rs.12,600/- where 25 installments have already been paid comes to Rs.3.15 lacs. As per request of the complainant, the OP took the Tractor in their custody and sold the same to a third party and collected the entire sale proceeds. The complainant will get refund near about of Rs.2 lacs but the OP is demanding Rs.80,336/- illegally. Then the complaint was compelled to file this case. Hence, the instant complaint case.
The written version filed by the OP, in brief, is that the complainant has deliberately suppressed the material fact. The complainant purchased the Tractor for Rs.5.91 lacs taking loan of Rs.4 lacs from OP Bank @ 11% interest to be repaid by 48 installments of Rs.12, 600/- out of which the complainant paid 25 installments totaling to Rs.3.15 lacs. Thereafter, on repeated failure in payment of remaining installments by the complainant, the OP was compelled to invoke the clause 23 of the agreement as to sell out the Tractor after taking possession of the same on 30.5.13. On 24.07.13 the said Tractor was sold in an auction-sale at a higher consideration of Rs.1.6 lacs. Till date the OP is at a loss of Rs.89, 321/-. The dispute was failed to settle before the Murshidabad District Lok Adalat. No laches on the part of the OP and for that the complainant is liable to be discussed.
Considering the pleadings of both parties the following points have been framed for the disposal of the case.
Points for decision
- Whether the case is maintainable as per law and facts?
- Whether the case is barred by law of limitation?
- Whether the case is barred by the principle of waiver, acquiescence and estoppels.
- Whether the complainant is entitled to get the relief as prayed for?
- To what other relief/reliefs the complainant may get?
Decision with reasons.
Point Nos. 1,2 & 3.
Both the points are taken up together for the same of convenience.
During hearing of argument the Ld. Lawyer for the OP has not raised any objection against those points.
Considering the materials on record we do not find anything adverse against those points and as such both the points are disposed of in favour of the complaint.
Point Nos. 4 & 5.
Both the points are taken up together or the sake of convenience.
This complaint is for refund of Rs.1.85 lacs with compensation.
The complaint’s case is that the complainant purchased a Tractor for Rs.5.91 lacs taking loan of Rs.4 lacs to be repaid by 48 installments of Rs.12,600/- each from OP-Bank out of which Rs.3.15 lac have already been paid by 25 installments. To repay the remaining loan the OP took the car and the same will be adjusted from the sale proceeds and the balance will be paid to the complainant but the OP has not paid the same. The complainant is entitled to get Rs.1.85lac from the OP.
On the other hand, OP’s case is that from the sale proceeds of that car the OP has got only Rs.1.6 lacs and till date the OP is at a loss of Rs.89,321/- and for that the complainant is not entitled to get any relief.
To prove the case the complainant has adduced evidence on affidavit and has also filed the relevant documents in support of his case.
Admittedly, the complainant took loan of Rs.4 lacs by paying 25 installments of Rs.12,600/ each.
The agreement for repayment of loan was admittedly Rs.12,600/- by 48 installments.
To repay the loan the OP Bank repossessed the vehicle on 30.5.13 from Amtala, Nowda for resale.
The complainant has claimed refund of Rs.1.85 lacs after resale of the Tractor but they have not filed any document or any explanation as to the basis of their claim.
As per agreement for repayment of loan the complainant is to repay the loan of Rs.4 lacs by 48 installments of Rs.12,600/- each. Out of which the complainant has paid half of the total installments agreed to be paid.
On the other the OP has claimed that the sale proceeds of the care is Rs.1.6 lacs only and the OP has suffered loss of Rs.89,321/-.
From the documents filed by the complainant at the time of filing the complaint it appears that the OP filed a claim petition before the Arbitration at Chennai claiming Rs.89,321/- along with loan agreement.
For absence of any document as well as any cogent evidence establishing the claim of the complainant and also considering the loan amount unpaid and the un-rebuttable case of the OP as to sale proceeds of the care for Rs.1.6 lacs we have no other alternative but to conclude that the complainant has hopelessly failed to prove its claim and for that the complainants are not entitled to get any relief.
Considering above discussions we find that all those points are disposed of against the complainant.
Considering decisions of all the points we find that the complainant is not entitled to get any relief and as such the complaint be dismissed.
Hence,
ORDERED
that the Consumer Complaint No. CC/73/2014 be and the same is hereby dismissed on merit.
There will be no order as to cost.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
