West Bengal

Paschim Midnapore

CC/41/2012

Mobarak Ali - Complainant(s)

Versus

The Manager, Magma Fincrop Ltd - Opp.Party(s)

20 Jul 2012

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

 Complaint case No. 41/2012                                                                                         

 BEFORE : THE HON’BLE PRESIDENT :  Mr. K. S. Samajder.

                                                      MEMBER :  Mrs. Debi Sengupta.

                                                      MEMBER :  Mr. Kapot Chattopadhyay.                                                    

   

                   Mobarak Ali, S/o-Let Rawson Ali, Vill-Mahespur, P.O.- Mahespur, Murakata, Dist-

                   Paschim Medinipur………Complainant.

                                                              Vs.

1. The Manager, Magma Fincrop Ltd., Kharagpur Branch, OT Road, Inda, P.O.& P.S.-

       Kharagpur(T), Dist-Paschim Medinipur

2. The Manager, Magma Fincrop Ltd., Magma House, 24, Park Street,

       Kolkata-700016 .………………Ops.

Order No.08                                                                       Dated:-20/07/12

                         

                 Complainant and Ops. file hazirans.

                 The case is taken up for hearing.

                At the steps, the Ld. Lawyer for the complainant submits that from January onwards the installments have fallen due and the complainant is willing to pay the installments for five months i.e. for the period from January 2012 to May 2012 with the stipulated rate of interest @13.5% p.a.  He also submits that thereafter the balance installments will be paid regularly. Ld. Lawyers for the complainant prays that on payment of installments for 5 months from January 2012 to May 2012 alongwith interest the vehicle may be asked to be released by the Ops. in favour of the complainant.

             The Ld. Lawyer for the Ops. submits that on earlier occasion also the complainant failed to comply with the terms of payment of installments. However, he submits that the Ops. are agreeable to release the vehicle in favour of the complainant in the event if the complainant pays installments for 5 months for the periods from January 2012 to May 2012 within 15 days alongwith interest @13.5% p.a. and also if the complainant makes payment of the installments

Contd………P/2

 

- ( 2 ) -

for the month of June and July within next 2 months alongwith the installment of current month. The Ld. Lawyers for the complainant agrees to such proposal of Ld. Lawyers for the Ops.

               Under such circumstance, we dispose of the present case with the direction to the complainant to make payment of the installments for the months from January 2012 to May 2012 alongwith interest @13.5% p.a. within 15 days from this date and after such deposit the Op shall release the vehicle forthwith. The interest is to be calculated against each installment from the date from which it becomes due. The complainant shall further make payment of the installment for the month of June alongwith installments for the month of August within the stipulated date of payment of installment and he shall also make payment of installment for the month of July 2012 alongwith installment for the month of September 2012 within stipulated date for payment of installment for the month of September.

           Thereafter, the complainant shall make payment of all the remaining installments within the stipulated date in default, the Ops. shall be at liberty to repossess the vehicle through its duly appointed receiver and  thereafter take necessary step for sale of the vehicle after observing all necessary procedures and formalities.        

 

                       Sd/-                                            Sd/-                                           Sd/-

                   Member                                      Member                                   President      

                                                                                                                    District Forum

                                                                                                                 Paschim Medinipur.