(1.) THIS appeal is directed against the judgment and order passed by learned District Forum, Howrah in case No. 43 of 2011 allowing the complaint and directing the OP No.1 to pay compensation of Rs.4,00,000 for prolonged mental agony; a compensation of Rs.3,00,000 for prolonged harassment and torcher perpetrated upon the complainant by OP No. 1; compensation of Rs. 2,00,000 for lowering down the social status and prestige of the complainant in the esteem of others by overt acts of the OP No.l; compensation of Rs. 1,00,000 for causing illegal and overt acts violating the principle of natural justice by OP No. 1 and the litigation cost of Rs. 10,000. The OP No.l was directed to pay the total amount of Rs.10,10,000 to the complainant within 30 days from the date of passing the order failing which the sum shall carry interest @ 18% per annum till realization.
(2.) THE case of the complainant/respondent, in short, is that he took a vehicle loan to the tune of Rs. 4,57,690 with 35 EMIs @ Rs.18,270 each. On 27.3.2011 the OP No. 2 with the help of local hooligans took away the vehicle from the possession of the complainant forcibly. The total period of repayment of the said amount of money was fixed till 10th January, 2013, but the OPs forcibly snatched away the vehicle from the possession of the complainant. For the said reason, the complaint was filed before the learned District Forum.
(3.) THE appellant filed a W.V. before the learned District Forum contending, inter alia, that the appellant advanced the loan of Rs.4,57,690 repayable by 35 monthly instalmeants @ Rs. 18,270 each. The complainant defaulted in payment of EMI and the vehicle was repossessed. Thereafter the vehicle was sold for a price of Rs.l ,61,000. At the time of repossession the sum of Rs.5,00,593.72 was due and payable.