Ld. Advocate(s)
For Complainant: Pritha Mandal
For OP/OPs : Raja Bhattacharya
(2)
Date of filing of the case :04.02.2020
Date of Disposal of the case :31.07.2023
Final Order / Judgment dtd.31.07.2023
Complainant above named filed this complaint against the aforesaid opposite parties u/s 12 of the Consumer Protection Act, 1986 praying for direction to the OPs to refund Rs.3,00,000/-, compensation amounting to Rs.2,00,000/- and cost of the case.
He alleged that opposite parties are financial institution and they used to provide financial assistance. Complainant purchased one truck by taking loan from the OP No.1-3 in the year,2016 and took loan amounting to Rs.5,90,000/- from them and he paid Rs.3,00,000/- as down payment. It was settled that aforesaid loan be repaid by 45 instalments but not in the form of EMI. Complainant used to pay instalment amount but unfortunately a sum of Rs.71,000/- become due and for that reason OP repossessed the vehicle on 18.06.2019. Agent of the OP No.1-3 asked the complainant to deposit Rs.62,000/- in the loan account and gave assurance to release the seized vehicle. Complainant deposited that amount on 29.06.2019 on this behalf but aforesaid vehicle was not released.
Thereafter complainant gave a letter to the OP No.1-3 through his Lawyer. In reply OP No.1-3 stated that they gave loan of Rs.4,00,000/- and also gave Rs.54,220/- on 15.04.2019.
On 26.12.2019 OP No.1-3 gave one intimation to the complainant that they already sold the vehicle on 26.11.2019 and further claimed Rs.1,12,002.64.
In the said letter it was mentioned that aforesaid vehicle was sold in Rs.3,30,000/-. OP No.1-3 contests the case by filing a W/V denying the entire allegations. They further stated that complainant purchased the aforesaid truck with the financial assistance of the OP No.1-3 but he failed to pay the monthly instalment within the stipulated time as such the complainant became the defaulter. Instant complaint is not maintainable. Complainant has no cause of action to file this case. Contents of the prayer clause are absolutely wrong and false. They prayed for dismissal of the case.
Trial
During trial complainant filed affidavit in chief. OP No.1-3 filed questionnaire and complainant gave answer.
(3)
Documents
Complainant produced the following documents viz :
- Original copy of Repossessed Vehicle inventory list dated 18.06.2019..........(One sheet)
- Original copy of advocate’s letter on behalf of complainant to OP NO.1-3 dated 26.08.2019........(Two sheets)
- Original copy of reply of Ld. Adv. Subhojit Saha on behalf of OP NO.1-3 to complainant dated 16.09.2019.......(Two sheets)
- Xerox copy of account statement..........(One sheet)
- Original copy of Loan Receipt dated 29.06.2019........(One sheet)
- Xerox copy of letter of complaint to Consumer Assistance Bureau, Nadia dtd. 22.10.2019..........(One sheet with receiving endorsement)
Brief Notes of Argument
Complainant filed BNA. OP NO.1-3 filed BNA.
Decision with Reasons
We have carefully gone through the petition of complaint filed by the complainant, W/V filed by the OP NO.1-3, affidavit in chief of the complainant and documents filed by the complainant, BNA filed by the complainant and BNA filed by the OP NO.1-3. We have carefully considered these documents.
On perusal of aforesaid documents, we find that it is admitted possession that complainant purchased one truck with the value of Rs.8,90,000/- out of which complainant paid Rs.3,00,000/- as down payment and OP No.1-3 paid Rs.5,90,000/- as loan. Out of loan amount of Rs.5,90,000/- and interest accrued in the said loan account complainant paid entire amount except Rs.71,000/-. As per the statement of complainant there was a due of Rs.71,000/- in the loan account. Complainant subsequently paid Rs.62,000/- in the loan account as per instruction of agent of the OP No.1-3.
We find that there was a due of 71,000/- in the loan account, then OP No.1-3 repossessed the aforesaid truck. Agent of OP NO.1-3 assured the complainant that aforesaid truck will be released if complainant pay Rs.62,000/-. As per the said statement complainant paid Rs.62,000/- but
(4)
OP No.1-3 did not release the said vehicle. Moreover, they sold the vehicle on 26.11.2019 with the value of Rs.3,30,000/-.
We find from the record that before taking of repossession OP No.1-3 did not give any notice to the complainant. Their such type of act is nothing but arbitrary action.
We find from the record that complainant paid Rs.5,81,000/- in the loan account out of Rs.5,90,000/- and interest of the loan account. He also paid Rs.3,00,000/- which was invested as down payment at the time of purchase of the said truck/vehicle. Accordingly, we find that complainant paid Rs.8,81,000/- principal amount of loan and interest of the loan account relating to the said truck.
In the present case complainant claimed Rs.3,00,000/- from the OP No.1-3 which is very much less amount than he invested for the said truck.
On perusal of record we find that complainant is a consumer and OP No.1-3 are the service provider.
Having regard to the aforesaid discussion, we are of the firmed view that complainant has able to established his grievance by sufficient evidence beyond reasonable doubt. He is entitled to relief as per his prayer.
In the result, present case succeeds.
Hence,
It is
Ordered
that the present case be and the same is allowed on contest against the OP No.1-3 with cost of Rs.5,000/- (Rupees five thousand) to be paid by OP No.1-3 in favour of the complainant.
OP NO.1-3 jointly or severally are directed to pay Rs.3,00,000/-(Rupees Three lakh) in favour of the complainant within 45 days from this date.
(5)
OP No.1-3 jointly or severally are directed to pay compensation amounting to Rs.2,00,000/-(Rupees Two lakh) in favour of the complainant for his harassment, mental pain and agony within 45 days from this date.
OP NO.1-3 jointly or severally are directed to comply the aforesaid orders within 45 days from this date failing which complainant shall have liberty to put this order into execution.
Let a copy of this final order be supplied to both the parties as free of costs.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) ..................... ..........................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
We concur,
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MEMBER MEMBER
(NIROD BARAN ROY CHOWDHURY) (MALLIKA SAMADDAR)
