Today is fixed for passing order in respect of the M.A. application which has been filed by complainant u/s 38 (8) of Consumer Protection Act, 2019 for granting ad interim injunction.

The op no. 1 is contesting this case by filing W/O.

It is the main point of argument and contention of the complainant side that in the month of October, 2021 the complainant purchased a two wheeler being Registration no. WB16BF 7260, Chasis no. M5WBDGBDHM1101698, Engine no. BDGO301698, Makers OKINAWA AUTO TECH PVT. LTD. Model name IPRAISE, Colour Glossy RED LI-ON, for that she deposited Rs. 50,000/- took loan of Rs. 74,381/- @ the rate of Monthly Installments Rs. 2480/- per month payable for 24 months and accordingly she entered into a loan agreement and started to pay installment. It is the case of the complainant/ applicant that  according to the loan agreement complainant shall have to pay Rs. 2480/- to the op no. 1 through her banker Punjab National Bank Branch, Bansberia Branch but certainly the op no. 1 started to deduct Rs. 3719/- as installment in place of Rs. 2480/- and as a result of which the petitioner failed to pay EMI within time and thereafter on 22.5.2022 the op no. 1 by engaging goons tried to take forceful possession of the  said motor cycle and for that reason the petitioner/ complainant as a consumer has come before the District Commission against the illegal activities of op no. 1 and is praying for granting injunction.

On the other hand, it is the main point of argument and contention of the op no. 1 that the allegations described in the injunction petition is not at all correct and so the opposite party no. 1 denying all these allegations. This specific case and argument of the op no. 1 that petitioner is a defaulter in payment of her EMI and so she is no entitled to retain possession of the above noted two wheeler. It is further alleged that there was no mistake or deficiency of service on the part of the op no. 1 and as the petitioner/ complainant is a defaulter in the payment of EMI the op no. 1 has already replied to the legal notice of the complainant dt. 23.6.2022. For all these reasons the op no. 1 is praying for dismissing this M.A. case with heavy cost.

After going through the materials of this case record and documents filed by the complainant/ applicant side it appears that the complainant has been paying EMI to the tune of Rs. 2480/- thorough her Bank, Punjab National Bank, Bansberia Branch and even from the documents filed by the op no. 1 it is reflecting that complainant has paid EMI of Rs. 2480/-.

On this background and on close examination of the documents filed by both sides it appears that there is a prima facie case in favour of the complainant/ applicant and balance of convenience and in convenience is also in her favour and there is urgency for passing an order of ad interim injunction otherwise the main purpose of passing such order would be defeated by delay and it would be frustrated.

Considering all the above noted factors the prayer of the complainant for passing ad interim injunction is allowed and op no. 1 is hereby restrained to take possession of the said two wheeler Registration no. WB16BF 7260, Chasis no. M5WBDGBDHM1101698, Engine no. BDGO301698, Makers OKINAWA AUTO TECH PVT. LTD. Model name IPRAISE, Colour Glossy RED LI-ON. This order of ad interim injunction shall continue upto the disposal of this C.C. case being no. 126 of 2022 but on condition that complainant/ applicant shall continue to pay the EMI @ Rs. 2480/- in favour of the op no. 1 and in default of payment this order shall be recalled.

In the light of the observation made above this M.A. case no. 9 of 2022 is disposed of on contest but without cost.

Let this case record be tagged with C.C. case no. 126 of 2022.