In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 17 / 2009.
1) Sri Anil Banerjee,
9/2A, Ram Chand Nandy Lane, Kolkata-700006. ---------- Complainant
---Versus---
1) The Manager, Lexus Motor,
209, A.J.C Bose Road, Kolkata-700017.
2) M/s. Tata Motors Ltd.,
Apeejay House, 5th Floor, Kolkata, P.S. Park Street. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. A. B. Chakraborty, Member
Order No. 2 7 Dated 2 4 / 1 2 / 2 0 1 1 .
The instant case has been filed by Anil Banerjee stating that he purchased a Indica DLE-III from o.p. no.1 show room on payment of Rs.1,32,076/-, 1st EMI payment of Rs.7710/- vide cheque no.580550 dt.28.4.06 and it was purchased on hire purchase basis and the said vehicle no.WB-02V-7960 issued cheque no.580567 to 580575 drawn on UCO Bank and cheque no.905357 to 905367 drawn on Standard Chartered Bank, Shyambazar Branch from June 2006 to August 2008.
O.p. no.2 had entered its appearance by filing w/v and o.p. no.1 did not contest the case. The case of the o.ps. is that they did not receive 1st instalment of Rs.7710/- of EMI.
Decision with reasons:
From account no.32910116370 of Standard Chartered Bank, 21A, R.G. Kar Road Branch of the complainant it appears vide statement dt.21.3.09 that a sum of rS.7710/- was debited from the account of complainant on 21.4.08 in favour of o.p. no.2. There is no reason to disbelieve this piece of paper. That apart it also appears from the record that the complainant is making payment of EMI regularly and he cannot be construed as a defaulter in any manner, whatsoever. So it is held that complainant is not a defaulter being a consumer and showing non-deposit 1st premium of Rs.7710/- on the part of the o.ps. is a clear deficiency of service.
Accordingly we hold that the complainant is not a defaulter in any manner and he is a bona fide customer and he is making EMI regularly as is seen from the record and he is entitled to relief as prayed for.
Hence, ordered,
That the petition of complaint is allowed on contest against o.p. no.2 and ex parte as against o.p. no.1 with cost. O.ps. are jointly and severally directed not to disturb the complainant alleging him as a defaulter and are further directed to pay compensation of Rs.5000/- (Rupees five thousand) only for harassment and mental agony which complainant had to undergo for alleging non-payment of 1st EMI of Rs.7710/- and litigation cost of Rs.2000/- (Rupees two thousand) only within 45 days from the date of communication of this order, i.d. @ 9% p.a. shall accrue over the total amount due to the credit of the complainant. O.ps. are directed to issue “No due certificate” in favour of the complainant by 45 days.
Supply certified copy of this order to the parties.
_____Sd-_____ ______Sd-_____
MEMBER PRESIDENT
