West Bengal

Paschim Midnapore

CC/01/2014

Atiur Khan - Complainant(s)

Versus

The Manager, Hinduja Layland Finance. - Opp.Party(s)

22 Apr 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

 Complaint case No.01/2014                                                                                               Date of disposal: 22/04/2015                               

 BEFORE : THE HON’BLE PRESIDENT :  XXXXXXXXXX.

                                                      MEMBER :  Mrs. Devi Sengupta.

                                                      MEMBER :  Mr. Kapot Chattopadhyay.

  

 For the Complainant/Petitioner/Plaintiff : Mr.  S. Bhattacharya , Advocate.

 For the Defendant/O.P.S.                         : Mr. S. Maity, Advocate.                                  

          

           Atiur Khan, S/o Gofur Khan, , Vill & P.O.Krishnapur, P.S. Chandrakona, Dist. Paschim

          Medinipur…………..Complainant

                                                           Vs.

          The Manager, Hinduja Leyland Finance, Kharagpur Branch at Inda,  P.O.Kharagpur, P.S.

         KGP(T), Dist. Paschim Medinipur...……………Op.

 

Mr. Kapot Chattopadhyay, Member.

 

Complainant is present. Today is date fixed for ex-party hearing. Hd. Ld. Advocate and perused  the documents. It appears from the record the Op. appears and filled W/O and there after Ops. are avoiding the case. Thus there are exists reason to belive that the Ops. are willfully avoiding the contest in the case. Ld. Advocate for the Complainant filed relevant documents on the point of service of notice. In view of the present circumstances and the meterials on record there are no option but to here the case ex-party. Accordingly, the case is heard and considered.

               On 21/10/2011 Complainant purchased a Tractor of Sonalika being Model No. DI-750 III SC on loan through the Op. At the time of purchased the said Tractor, the total consideration was of Rs.6,54,000/- only. Complainant paid Rs. 2,80,000/- only from his own pocket and the Op. sanctioned Rs.4,00,000/- only as loan.  Complainant submits that Complainant is an illiterate person and cultivation his only source of

Contd……………P/2

 

-(2)-

livelihood. For development of cultivation your complainant decided to purchase that Tractor through loan from the Op. At the time of negotiation of that agreement for loan it was settled that the complainant has to pay to 42 numbers of installment and Rs.15,990/- for each installment. After purchased the said Tractor, the registration certificates, blue book as well as other paper of taxes were issued to the complainant by the department of Motor Vehicle, Paschim Medinipur in the name of Complainant and as such Complainant became the lawful owner of the schedule below Tractor.    

               Since the date of purchased the complainant paid a huge amount of the monthly installment regularly and has already paid amount of Rs.1,24,720/- only of the loan amount but due to devastating flood in the Ghatal Sub-Division, the house of the complainant became collapsed and the schedule below Tractor also damaged. As a result the complainant could not pay four monthly installment to the Op. and due to flood and collapsed of the house many valuable papers regarding monthly installment receipts have been damaged but in spite of that the complainant paid last installment for the month of February, 2013. At the time of payment of last installment the complainant met the Op. and disclosed him everything about the lost of documents regarding mont.hly installment recei.pt and requested him to supply the statement of account against his said loan amount but it IS very unfortunate that the Op. refused Complainant and also threatened the complainant to pay all outstanding dues of Rs.2,50,000/-. Otherwise, the Op. would take possession of the schedule below Tractor from the lawful custody of the complainant by illegal way. Complainant submits that the complainant is the lawful owner of the schedule below Tractor. The Op. has no jurisdiction to take possession of the said Tractor from the lawful custody as well as without any process of law. On 10/12/2013 some unknown person came to the house of your complainant and threatened Complainant to take possession of the schedule below Tractor and also demanded Rs.5,00,000/- from Complainant but with the help of the local Panchayat Complainant restrain those unknown person from their illegal act. Complainant, therefore, on several times met the Op. and requested him to receive the monthly installment and also requested him to make an easy installment of his outstanding dues but the Op. refused the complainant. Finding no other alternative Complainant has filed the instant complaint before this Honour’s Forum.

                           On 21/10/2011 Complainant purchased a Tractor of Sonalika being Model No. DI-750 III SC on loan through the Op. At the time of purchased the said

Contd……………P/3

 

-(3)-

 

Tractor, the total consideration was of Rs.6,54,000/- only. Complainant paid Rs. 2,80,000/- only from his own pocket and the o.p. sanctioned Rs. 4,00,000/- only as loan.  Complainant submits that Complainant is an illiterate person and cultivation is the only source of livelihood of the complainant. For development of cultivation the complainant decided to purchased that Tractor through loan from the Op. At the time of negotiation of that agreement for loan it was settled that Complainant has to pay to 42 numbers of installment and Rs.15,990/- for each installment. After purchased the said Tractor, the registration certificates, blue book as well as other paper of taxes were issued to Complainant by the department of Motor Vehicle, Paschim Medinipur in the name of Complainant and as such Complainant became the lawful owner of the schedule below Tractor. 

             Since the date of purchased Complainant paid a huge amount of the monthly installment regularly and has already paid amount of Rs.1,24,720/- only of the loan amount but due to devastating flood in the Ghatal Sub-Division, the house of your complainant became collapsed and the schedule below Tractor also damaged. As a result your complainant could not pay four monthly installment to the Op. and due to flood and collapsed of the house many valuable papers regarding monthly installment receipts have been damaged but inspite of that the complainant paid last installment for the month of February, 2013. At the time of payment of last installment the complainant met the Op. and disclosed him everything about the lost of documents regarding mont.hly installment recei.pt and requested him to supply the statement of account against his said loan amount but it is very unfortunate that the Op. refused your complainant and also threatened Complainant to pay all outstanding dues of Rs.2,50,000/-. Otherwise, he would take possession of the schedule below Tractor from the lawful custody of your complainant by illegal way. Your complainant submits that Complainant is the lawful owner of the schedule below Tractor. The Op. has no jurisdiction to take possession of the said Tractor from the lawful custody as well as without any process of law. On 10/12/2013 some unknown person came to the house of your complainant and threatened your complainant to take possession of the schedule below Tractor and also demanded Rs.5,00,000/- from your complainant but with the help of the local Panchayat Complainant restrain those unknown person from their illegal act.                                                                                                                                                  

Contd……………P/4

 

-(4)-

 

Decision with reasons

                

               That such repudiation in illegal and there is gross deficiency of service from the side of Op. That the Complainant being a consumer is covered caused by the provision of the Consumer Protection Act under the given facts and circumstances and observation above this is a fit case held that the Complainant has proved the allegation of deficiency of service against the Op.

                   Hence,

                              It is ordered,

                                                 that the complaint case be and the same is allowed ex-party.

               The Complainant do get the insured amount payable by the Op. Op. is directed to receive monthly installment amount as per agreement for loan from the Complainant and to Op. is to receive outstanding amount by way of installment basis and also Op. is directed not to disturb the peaceful possession of the schedule below tractor from the lawful custody of Complainant. 

Schedule

Tractor Sonalika, Model No. DI- 750 III SC, Engine No. 4100 Dh 13F248782, Chasis No. AZZSW 247666/3.

Dictated & Corrected by me

             

             Member                                                                             Member