Date of filing: 27.11.2019                                                                Date of disposal: 12.02.2020

Complainant:             Rina Kongar, W/o. Prasanta Kowar, Village & Post Office: Bononabagra, Police Station: Ausgram, District: Burdwan (Now Purba Bardhaman), PIN – 713 152.

• V E R S U S   -

Opposite Party:  1.    Chola Mandalam Investment and Finance Company Ltd., represented by its Branch Manager, having its office at Mangalik, 2^nd Floor, G. T. Road, Bhangakuthi, Burdwan (Now Purba Bardhaman), PIN – 713 101.

                               2.  Burdwan Branch Chola Mandalam Investment and Finance Company Ltd.,    being   represented by its Branch Manager, having its office at Mangalik, 2^nd Floor, G. T. Road, Bhangakuthi, Burdwan (Now Purba Bardhaman), PIN – 713 101.   

                                3.   Branch Manager, Burdwan Branch Chola Mandalam Investment and Finance Company Ltd., its office at Mangalik, 2^nd Floor, G. T. Road, Bhangakuthi, Burdwan (Now Purba Bardhaman), PIN – 713 101.

Present:   Hon’ble President: Smt. Jayanti Maitra (Ray).

                 Hon’ble Member:  Shri Sailaranjan Das.

Appeared for the Complainant:           Ld. Advocate, Sanyuk Banerjee.

Appeared for the Opposite Party (s):  Ld. Advocate, Sumit Roy.

Order No.20, Dated: 12.02.2020

This order is arising out of the M.A. being No. 89/2019 filed by the complainant in the C. C. No. 103/2018 with a prayer for executing the interim order.

It is stated by the complainant in the petition that this Forum passed an Interim Order vide Order No. 05, dated 26.07.2018. Therefore, the Interim Order holder/complainant is entitled to get back the vehicle in the custody of the Ops and as the Ops have not complied the said Interim Order, complainant has compelled to file this instant application for execution of the Interim Order; otherwise, the complainant will suffer an irreparable loss and injury.

After hearing both sides and perusal of records, it appears to this Forum that from March, 2018 to June, 2018 complainant handed over the OP six (6) installments of Rs. 16,892=00 i.e., Rs. 16892X6 = Rs. 1,01,350=00, but the OP is only to receive four (4) installments of Rs. 16,892, i.e., Rs. 16892X4= Rs. 67,568=00. Though complainant was not regular in payment but he has paid the said amount in excess of Rs. 33,782=00.

In such circumstances after hearing both sides, it may be appropriate if an order is passed directing the OP to hand over the ceased vehicle to the complainant within 7 days of passing of this order and pending issues remain kept open till final hearing of this Consumer Complaint as raised by the OP that the complainant has not paid the installments to the OP be decided at the time of final hearing of this case.

Hence, it is

O r d e r e d

that the M.A. being No. 89/2019 be and the same is disposed of with a direction to the Ops to hand over the ceased vehicle (DUMPER) to the complainant bearing Registration No. WB-41G/6386 within 7 (seven) days from the date of passing of this order, failing which, law will take its own course.

            Let plain copies of this order be supplied to the parties free of cost as per provisions of law.

Dictated & Corrected by me:                                                          (Jayanti Maitra (Ray)

                                                                                                                President

  (Jayanti Maitra (Ray)                                                            DCDRF, Purba Bardhaman

                President

   DCDRF, Purba Bardhaman                                                                                                                       

                                                                   (Sailaranjan Das)                                        

                                                                        Member                                                                                                                   DCDRF, Purba Bardhaman