Tripura

West Tripura

CC/21/2023

Shri Bidhan Deb - Complainant(s)

Versus

Tata Motors Finance Limited - Opp.Party(s)

Mr.S.Choudhury, Mrs.R.Shil.

03 Nov 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSALCOMMISSION: WEST TRIPURA : AGARTALA
 
 
CASE   NO:   CC- 21 of  2023
 
Sri Bidhan Deb,
S/O- Late Raman Chandra Deb,
Madhya Banamalipur, Itakhola Road, 
P.O. Agartala, P.S. East Agartala, 
District-West Tripura. .................Complainant.
 
-VERSUS-
 
1. Tata Motors Finance Limited,
2nd Floor, A Wing, I-Think Techno Campus,
Off Pokhran Road No. 02,
Thane(West), Maharastra- 400601.
 
2. Tata Motors Finance Limited,
87, HGB Road, Opp. Madan 
Mohan Mandir, Melarmath, 
Agartala, P.O. Agartala,
P.S. West Agartala, 
District- West Tripura- 799001. .............Opposite Parties.
 
 
    __________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. 
 
 
C O U N S E L
 
For the Complainant : Sri Sampad Choudhury,
  Learned Advocate.
  
For  the  O.Ps : Sri Swarup Pandit,
   Sri Malay Debnath,
   Sri Suraj Biswas,
   Sri Prahllad Rudra Paul,
   Learned Advocates.
 
 
ORDER  DELIVERED  ON:        .11.2023.
 
F I N A L    O R D E R
1. This case U/S 35 of the Consumer Protection Act, 2019 has been filed by Sri Bidhan Deb of Madhya Banamalipur, Agartala, West Tripura(here-in-after called as “the complainant”) against the Tata Motors Finance Limited, Maharastra( here-in-after called as “the O.P. No.1”) and Tata Motors Finance Limited, Agartala, West Tripura (here-in-after called as “the O.P. No.2”) alleging deficiency in service on the part of the O.Ps. 
1.1 The case in short is that the Complainant Bidhan Deb obtained a Car Loan from the O.P. No.2 in the month of April, 2009 for an amount of Rs.2,53,000/-. The total contract value was Rs.4,13,175.01. Sri Biplab Deb was the co-borrower of the loan.
1.2 The complainant purchased the vehicle for Rs.4,03,304/- and the complainant paid Rs.1,50,304/- and the rest amount was paid by the O.P. No.1 to Niladri Motors, the seller of the vehicle. The total amount of Rs.4,13,175.01/- was to be paid by 59 monthly installment for Rs.7,175/- per installment. The complainant paid the last installment on 02.03.2014 and demanded Loan Clearance Certificate from the O.P. No.2. The complainant on 05.03.2014 submitted filled up form with original Loan Contract Certificate to the authorized officer of the O.P. No.2 and clearance certificate was issued accordingly but in the first week of July, 2022 the complainant received one telephonic information from the O.P. No.2 wherein the complainant was informed that the complainant had to pay Rs.6,310.03/- as 'Net Over Due Interest'. Hence this complaint against the illegal demand of O.P. No.2.
 
2. The O.P. No.1 and 2 in their joint written objection pleaded that the parties are bound to follow the terms of the Loan Agreement and the O.Ps are entitled to the arrear as claimed for default in payment of installments. 
3. Both the parties submitted documents and evidence on affidavit.
4. Hearing argument the following point is taken up for discussion and decision:-
(i) Whether after issuance of notice of termination of contract dated 13.03.2014  the O.Ps can claim any dues from the complainant?
DECISION AND REASONS:-
5. The admitted position is that the complainant availed a car loan and being satisfied the authorized Signatory of Tata Motors Finance Ltd. i.e., the O.Ps issued a contract termination informing the RTO, Agartala that they have received the full higher purchase/ Lease/ hypothecation dues and requested the RTO to cancel in the certificate of registration the clause of higher purchase/ lease/hypothecation. Similar letter was issued to the National Insurance Company also on 13.03.2014. Therefore, in the year, 2022 i.e., after 8 years any such demand by the O.Ps is nothing but a gamble and really a matter of irritation for any borrower. Therefore, we find that the complainant has valid reason to approach this Commission for deficiency in service and also on such illegal trade practice adopted by the O.Ps. Hence, this point is decided in favour of the complainant.
6. In the result, it is ordered that any demand by O.Ps against the complainant is illegal and the O.Ps are hereby barred in claiming any amount from the complainant against the loan agreement as discussed above. 
7. The case stands disposed off. However, without cost.
8. Supply copy of this order to both the parties free of cost.  
Announced.
 
 
 
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.

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