Order no.9   dated 6/11/15

            Record is taken up for order.

            The complainant case in short is that a tractor was purchased in the name of late Ranjan Kumar Bhattacharya (husband of the complainant)  with the benefit of loan of Rs.5.0 lakhs  taken from the oP on condition to repay by 48 monthly instalments and accordingly 20  instalments amounting to Rs.3,04,600/- . Registered owner expired on 28.4.2013 leaving behind the complainant – wife and only son Debasish Bhattacharya . Now after expiry of the registered owner the complainant moved before the registering authority for re-registration in favour of the complainant- wife but the same is not granted for want of consent letter from the OP/Bank. As a result, it is not possible for the complainant to use the vehicle for her livelihood and at the same time to pay the instalments in favour of the OP Bank. In this connection, the complainant prays before us for passing direction to the OP Bank for issuing consent letter for favour of re-registration of the vehicle . Certain documents viz., Registration certificate, Accounts statement, Advocate’s notice, copy of order sheet dated 10.12.2013 of ADM, Hooghly on legal heirs of deceased Ranjan Kumar Bhattacharya, Panchayet certificate, Ration card, Insurance certificate, Death certificate of Ranjan Kumar Bhattacharya are submitted by the complainant.

            OP Bank has  contested this case by filing WV that the case is not maintainable for want of deficiency of service or unfair trade practice. The complainant suppressed the entire fact involving with the Arbitration and Conciliation Act . According to Section 5 of the said Act, no authority shall intervene in such a case as disclosed in this complaint case. Thus, the case should be dismissed.

            We have carefully considered the submission of both sides in the back ground of the entire case. Admittedly, the husband of the complainant was registered owner of the hypothecated tractor  and borrower of the OP Bank . There is no dispute as regards to the payment of 20 instalments during the life time of the deceased owner . Now, the question has come up before us that after expiry of the registered owner the vehicle cannot be used by the legal heir for want of registration of the vehicle in her name. On this ground, earning of the complainant is stranded . At the same time, the repayment of loan by way of rest instalments is also pending . The OP claims repayment of the entire loan and until

             it is satisfied , consent for registration of the vehicle is not issued by them. Moreover, in accordance with the terms and conditions of the loan agreement , the matter is required for solution under the Provisions of  Arbitration and Conciliation Act  .

            We have considered whole thing . It is striking point to be noted that the repayment of entire loan amount as per agreement stands discontinued for want of non use of the vehicle in absence of up-to-date registration certificate in the name of legal heirs being the complainant hereof. In this connection, the oP Bank should come forward in the interest of the complainant being the legal heir of the registered owner /loanee in the way of issuing formal consent letter for the purpose of change of name of the registration certificate conditioning the complainant for continuation of the payment of rest instalments together with incidental interest as accrued towards the loan amount. The OP Bank is supposed to act in consonance with social justice with the spirit of the welfare policy behind the sanction of loan as was granted in favour of the deceased husband of the complainant.

                In view of the observation made hereinabove we are in the opinion for passing an order in a progressive manner so that business of the Bank on the point of repayment of entire loan and at the same time means of livelihood of the complainant of deceased borrower are not jeopardized and hampered. So, mere issue of consent letter for the purpose of registration of the name of the complainant in the registration certificate , without prejudice to the rights and contention of the parties in respect of repayment of loan, may be issued by the OP/Bank.

                                                         Hence ordered

            That the case be and the same is allowed on contest without cost.

            The OP /Indusind Bank is hereby directed to issue consent letter on  the limited purpose for  the  change of name of the registration certificate in respect of  the Tractor conditioning the complainant to go on making payment of rest demand towards the loan. The complainant in this regard shall take the liability for repayment of the entire loan.

            Let a copy of this order be made over to the parties free of cost.