DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

CASE   NO:   CC-   404 /2022

 

Smt. Sunita Sarkar,

W/O- Sri Sujit Sarkar,

south Ghilatali, P.S. Kalyanpur,

District- Khowai, Tripura-799203. ...Complainant.

 

-VERSUS-

 

The Manager,

Shriram Transport Finance Company Ltd.

Motorstand, Agartala,

P.S. East Agartala, 

District- Sadar, Tripura.   ............Opposite Party.

 

    _______PRESENT________

 

 SRI GOUTAM DEBNATH

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

DR (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION, 

WEST TRIPURA,  AGARTALA.

 

SRI SAMIR  GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA.

 

F I N A L    O R D E R:-

 

03.02.2023- The claimant is present in person. The O.P. is absent again inspite of repeated chance. 

The O.P. duly received notice but has not appeared before this Commission. Hence, this exparte Final Order is passed against the O.P. The complainant took a loan of Rs. 2 lacs from the O.P. Finance company against her vehicle No- TR 01 R 1907. As per the terms of payment the complaint has paid Rs.2,75,796/-. However, during the Covid Pandemic period the complainant some times defaulted in payment of installments. But later on the complainant paid the installments. As such as on today the complainant has paid Rs.2,75,796/-. Besides, the complainant deposited Rs.9,000/- in cash at the time of taking the loan amount of Rs.2 lacs. Therefore, the complainant has paid Rs.2,75,796/- + Rs.9,000/- = Rs. 2,84,796/-. According to the complainant the O.P. has not been issuing any Clearance Certificate instead demanding various amounts time to time. 

This Commission has lost opportunity to hear the O.P. as the O.P. has failed to appear before this Commission inspite of repeated chance. Therefore, this Commission has no other option but to come to inevitable conclusion that the O.P. has no defence to make and the claim of the claimant is just and proper. Therefore, this act of the O.P. amounts to deficiency in service. 

In the result, it is ordered that the complainant Smt. Sunita Sarkar has cleared her dues to the O.P. and the O.P. is under legal compulsion to issue a Clearance Certificate in the name of the complainant Sunita Sarkar mentioning that Smt. Sarkar has cleared up her installments. The O.P. is hereby barred from claiming any amount against Smt. Sarkar against this particular loan which was taken against vehicle No- TR 01 R 1907. 

The O.P. shall issue this Clearance Certificate within in 15 (fifteen)days form receiving this Final Order and failing which, the O.P. shall pay a compensation of Rs.25,000/-(Rupees Twenty Five Thousand) to the complainant along with interest @ 7% P.A. from today till the date of actual payment. 

The complainant shall appear before the office of the O.P. after 7(seven) days from today to collect the Clearance Certificate.

Issue a copy of this Final Order free of cost to Smt.Sunita Sarkar and also communicate a copy of this Final Order to the O.P.

The case stands disposed off.