Updated: December 22, 2021 7:58:53 am
Noting that it “cannot shut its eyes to the fact that Covid has triggered one of the worst job crises we have seen”, a court has ordered Mahindra and Mahindra Financial Services Ltd to pay Rs 40,000 for causing “immense hardship and mental harassment” to a driver, whose car was taken over by the company after he failed to pay EMIs during the second wave.
The plaintiff, Pradeep Kumar Pal, drove a Swift Dzire car he had bought for Rs 7,05,000, the court noted.
Pal had paid Rs 1,70,000 in cash as down payment, and the remaining amount was financed by Mahindra & Mahindra Financial Services Ltd.
He paid 19 EMIs but due to the pandemic, he was unable to pay EMIs regularly, following which the company took possession of the vehicle.
Pal had “approached the defendant company a number of times and requested to take the default EMIs and to regularise the loan, but the defendant declined and asked the plaintiff to make the full and final payment of the loan,” the court further noted.
Civil Judge Bharti Beniwal said she was “deprecating the practice of the defendant company”.
“The act of the defendant company has caused immense hardship and mental harassment to the plaintiff. The court cannot shut its eyes to the fact that the Covid-19 pandemic has triggered one of the worst jobs crises we have seen. Further, the pandemic has brought a halt to the economy of India over the past one and a half years,” the judge said.
Observing that it “cannot shut its eyes to the injustice caused to the plaintiff”, the court directed the company to release the vehicle.
“Since the said vehicle was seized from the plaintiff in the month of August and he could not earn during this time, the defendant company is burdened with the cost of Rs 40,000 for the hardship and mental harassment caused to the plaintiff,” the court said.
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