In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.   73 / 2008.

1)                   Sri Hari Sankar Roy, Super Service Agent,

49/5/H/35, Karl Marx Sarani, Kolkata-700023.                                          ---------- Complainant

---Versus---

1)                   The Manager, Mohon Motor Udyog,

220/1, A.J.C. Bose Road, Kolkata.

2)                   The Manager, HDFC Bank,

Chandevila, Saki Naka Andheri East, Mumbai-400072.                            ---------- Opposite Parties

Present :           Sri Sankar Nath Das, President.

                        Dr. A. B. Chakraborty, Member

Order No.   3 2    Dated  1 3 / 0 1 / 2 0 1 2 .

The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by Hari Shankar Roy against the o.ps. Mohan Motor Udyog and HDFC Bank. The case of the complainant in short is that in the year 2007 he had booked a Maruti Esteem LXI while colour through a salesman namely Suman / Aditya with a token money of Rs.5100/- on 16.1.07, receipt no.5385 and complainant paid an amount of rs,3,90,000/- as a part payment through o.p. no.2 in favour of o.p. no.1 on 25.1.07 and the sale value of the car was estimated Rs.4,63,000/- and o.p. no.1 gave discount of Rs,.30,000/- and remaining dues were Rs.45,000/- and subsequently complainant had been to the office of o.p. no.1 to pay the remaining amount and o.p. no.1 refused to receive the said due amount and denied to handover the car and thereafter the complainant had been to the office of o.p. no.1 several times and made telephonic calls and o.p. no.1 intentionally dragged the matter and subsequently complainant sent a legal notice on 9.3.07, 8.4.07 and 17.5.07 to o.p. no.1 and on 17.5.07 complainant sent legal notice to o.p. no.2 because he was surprised to receive a payinst advice which was sent to him containing a cheque no.421929 dt.7.5.07 through regd. post as to why GDFC bank o.p. no.2 hs done this after loan was sanctioned vide loan a/c no.11099098 and it was agreed that EMI for the loan was fixed Rs.13095 would be cleared through ECS by the complainant’s bank a/c no.00000135230019 of Duetsche Bank, Brook House, Shakespeare Sarani, Kolkata. Complainant has agitated that after taking money by o.p. nos.1 and 2 and loan was sanctioned, 2-3 instalment taken them had no right to cancel the loan agreement where complainant had no fault. Hence, the instant case with a prayer contained in the prayer portion of the complainant.

            Both the o.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case.

Decision with reasons:-

            We have gone through the pleadings of the parties as well as evidence and documents in particular as well as loan agreement and demand notice and we find that o.ps. failed to assign adequate reason for not acting upon agreement executed between the parties whilst complainant complied all the provisions of the said agreement and we find clear deficiency on the part of the o.ps. being service provider to consumer / complainant and complainant is entitled to relief as prayed for.

            Hence, ordered,

            That the petition of complaint is allowed on contest with cost against the o.ps. O.ps. are jointly and severally directed to pay a sum of Rs.1,25,000/- (Rupees one lakh twenty five thousand) only towards compensation for harassment and mental agony sustained by the complainant and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant.

            Supply certified copy of this order to the parties.

   ____Sd-____                                                    _______Sd-_________

     MEMBER                                                           PRESIDENT