Date. 11.07.2023
Shri Reyazuddin khan
Today is fixed for Admission Hearing
Ld. Advocate for the complainant is present .heard Ld.Advocate for the complainant on admissibility of the consumer complaint.
On perusal of the petition it is observed that the complainant received a loan of Rs,30,35000/ (Rupees Thirty lakh thirty five thousand ) with an EMI –Rs 91,500/ (Rupees Ninty one thousand five hundred ) each only for 5 years in 57 installments from the OPs ( The Tata Motors Finance Limited) vide a loan agreement no.5002167099 for the purpose of purchasing a vehicle (A vehicle /class : Heavy Goods vehicle,Tata Motors Limited ,Type of body:Truck,Registration No.NLO1AC0325 dated 17/07/2018.But due to financial constraint the complainant was unable to repay some of the EMIs for which the OPs forcibly seized the scheduled vehicle along with all necessary & relevant documents on 30.01.2020 from the complainant’s custody at Nalhati,Birbhum, West Bengal.Later, the complainant prayed for several occasion for releasing said scheduled vehicle but the OPs not paid any heed to the complainant’s request rather one of the representative of the OPs demanded Rs,15,00,000/ (Rupees Fifteen Lakh) to settle the matter and to get back the seized vehicle.The complainant was not a position to pay such a huge amount at a time due to deteriorating financial condition.
It appears from the photocopy of the documents annexed with the complainant petition that Authorization Certificate Of NP (goods) was issued by the Transport Department,Nagaland.No document has been annexed with the complaint petition regarding seizing of the said vehicle by the OPs and the matter remains questionable. There is no whisper in the four corners of the complaint petition that the vehicle in question is plying on road or under the custody of the OPs.
In view of the above observation we are not inclined to admit the consumer complaint in its present form and accordingly the same is rejected.
The CDF-II CC being No.167/2023 is thus disposed of.
The MA No.328/2023 stand dismissed.
