In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 250 / 2011.
1) Pinki Halder,
271, Shyamnagar Road, Kolkata-700055. ---------- Complainant
---Versus---
1) The Recovery Manager, Shriram Transport Finance Co. Ltd.,
4, Ho Chi Minh Sarani, Middleton Road, Kolkata-700071.
2) Shriram Transport Finance Co. Ltd.,
101-106, 1st Floor, Shiv Chambers, Sector-11,
C.B.D. Belapur, Navi Mumbai-400614. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. A. B. Chakraborty, Member
Order No. 1 1 Dated 3 0 / 0 3 / 2 0 1 2 .
The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by the complainant Pinki Halder against the o.ps. Shriram Transport Finance Co. Ltd. The case of the complainant in short is that complainant purchased one Tata Truck (Model:ACE) bearing no.WB 23C 0211 by taking loan from o.ps. Complaiannt deposited a marginal amount of Rs.90,000/- to o.ps. and o.ps. sanctioned loan of Rs.2,75,650/- (loan amount of Rs.1 lakh and finance charge of Rs.75,000/-) vide Customer I P0179707 in a higher purchase agreement. The EMI was started from 20.6.10 @ Rs.8000/- per month and complainant already paid Rs.88,512/- out of the total loan amount of Rs.2,75,000/-. But thereafter due to financial crisis complainant failed to pay few EMIs and the same was duly conveyed to o.ps. but on 14.6.11 complainant received a letter from o.p. demanding a sum of Rs.49,421/- as outstanding dues. Suddenly on 12.7.11 men and musclemen of o.ps. forcefully snatched away the sid vehicle from the custody of the driver at Santragachi at 8-20 a.m. and handed over a seizer list to the driver without any prior notice. on the same day complainant reported the incident to the local P.S. Barasat and also to o.ps. Hence the case.
O.ps. did not appear and contest this case and as such the evidence adduced by complainant remains unchallenged testimony and there is no reason to disbelieve the same. As o.ps. did not come forward to contradict the said evidence and as such we hold that complainant is entitled to relief as prayed for.
Hence, ordered,
That the petition of complaint is allowed ex parte against o.ps. with cost. O.ps. are directed to return the vehicle bearing no.WB 20C 0211 with all documents lying inside the vehicle on the usual condition i.e. in running condition as per at the time of snatching away of the vehicle. Complainant is directed to pay a sum of Rs.39,421/- (Rupees thirty nine thousand four hundred twenty one) only due to the credit of o.ps. vide their letter dt.14.6.11 without claiming further interest and other charges, if any. O.ps. are further directed to pay compensation of Rs.45,000/- ((Rupees forty five thousand) only to complainant for his harassment and mental agony 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 till full realization.
Supply certified copy of this order to the parties.
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MEMBER PRESIDENT
