Orissa

Kendujhar

CC/45/2015

Nabin Chandra Mahanta - Complainant(s)

Versus

1. The Branch Manager, Andhra Bank - Opp.Party(s)

Sri G.N. Jena & Associates

31 May 2016

ORDER

IN THE COURT OF THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KENDUJHAR

CONSUMER COMPLAINT CASE NO. 45 OF 2015

    Nabin Chandra Mahanta, aged 37 Years,

    S/o- Late Radha Mohanta,

    Village- Bhrungarajposhi,

    P.O- Chilida, P.S- Turumunga,

    Dist- Keonjhar                        …………………………………………..Complainant

                          Vrs.

1. The Branch Manager,

    Andhra Bank, Keonjhar Branch,

    At- S.B.I Road, P.O-Keonjhargarh,

    Dist- Keonjhar- 758001

2. The Manager-cum-Proprietor,

    M/s. Tarini Enterprises,

    Authorized Dealer of Eicher Tractor,

    At- Near Railway Over Bridge, Ghutur,

    P.O- Ghutur, P.S- Town, Dist- Keonjhar

    Permanent Address of Op. No.2-

    Tarini Enterprises,

    Prop. Satyaranjan Pradhan,

    S/o- Late Bansidhar Pradhan,

    At/P.O- Nandapur, P.S- Baria,

    Dist- Keonjhar                       ………………………………………………Op. Parties

 

PRESENT- SRI AKSHAYA KUMAR PUROHIT, PRESIDENT

                 SRI S.C. SAHOO, MEMBER

Advocate for Complainant- Sri G.N. Jena & Associates

Advocate for OP1- Sri Balabhadra Panda

Advocate for OP2- Sri Bibhuti Bhusan Behera & Associates

_____________________________________________________________________________________

Date of Hearing - 06.04.2016                                                                               Date of Order - 31.05.2016

Sri A.K. Purohit, President:

 1.   The case of the complainant is that, he intends to purchase a tractor for his agricultural purpose with the financial assistance of the O.P.No.1 and accordingly contacted the O.P.No. 1 who assured him to advance a loan amount of Rs.3,50,000/- and advised the complainant to submit the quotation. After completing paper works the complainant paid down payment amounting to Rs.2,63,000/- to O.P.No.1 on dated 17.5.2013 and after receipt of the same the O.P.No.1 advance a loan amount of Rs.3,50,000/- in favor of the complainant and delivered a cheque amounting to Rs.6,13,000/- to the O.P.No.2 for supply of a tractor and trolley to the complainant. On receipt of the said amount of Rs.6.13.000/- the O.P.No.2 delivered a tractor Model No.380DI, Engine No.5325E44297 and Chassis No.920413100624 to the complainant on dated 22.5.2013. The complainant alleges that, after delivery of the said tractor the O.P.No2 neither provided the sale certificate to the complainant nor has taken step for registration through online although he is duty bound to do the same. The complainant further alleges that the O.P.No.2 dishonestly supplied Xerox copy of sale letter on different dates and has not paid the insurance amount which he has received from the complainant. On several request the tractor of the complainant was registered on dated 21.1.2015 i.e. after two years of its purchase. Due to this illegal act of the O.P. the complainant unable to use the tractor for two years ant sustain loss by making payment of installments towards his loan amount. The complainant has also alleged that, the O.P. No.2 has received an extra amount of Rs.27,000/- and Rs.17,000/- towards registration and insurance charges. The complainant prays for compensation for the negligent act of the O.Ps.

2.     Although notice has been served on the O.Ps. neither they have filed their version nor proceeded with the hearing of the case and have set experte vide order dated 10.3.2016 and 28.3.2016.

3.     Heard the complainant and perused the material available on record. Perused the documentary evidence filed by the complainant. The Xerox copy of the pass book in the name of the complainant and the statement of Account issued by the Andhra Bank disclose that the complainant had purchased the Tractor and Trolley with the financial assistance of the O.P.no.1 and had paid the down payment amounting to Rs.2,63,000/-. It is also seen from the documentary evidence that, the O.P.No.2 has issued so many sale certificates on different dates and with a dishonest intention linger the registration of the tractor for about two years. These evidence available on record shows that the O.P.No. 2 unduly harassed the complainant for about two years. Due to this negligent act of the O.P.No.2 the complainant not able to use the tractor in his agricultural works and sustains loss by making payment of installments. There are provisions for online registration by the dealer immediately after sale of the tractor but in this case the dealer has violated the same which amounts to unfair trade practice. By adopting the same practice the O.P.No.2 has also received extra amount of Rs.27,000/- and 17,000/- for the purpose of registration and insurance charges and hence he is liable to refund the same to the complainant.

4.    With this circumstances and evidence available on record this Forum is of the opinion that the O.Ps. have acted negligently without adopting the procedure which amounts to deficiency in service on the part of the O.Ps. and have also adopted unfair trade practice for which the complainant sustain loss and is entitled to compensation. According to the complainant the actual loss sustain by him during the period from 22.5.13 to till the date of registration, i.e. till 21.1.15 by paying the bank installments is Rs.70,000/-. Recovery of the said amount by way of compensation will meet the ends of justice.

HENCE ORDER:-

      The O.P.No.2 is directed to refund Rs.44,000/- and to pay Rs.70,000/- towards compensation to the complainant within one month from the date of receipt of this order. The O.P.No.1 is directed not to demand any over dues charges during the period from 22.5.13 to 21.1.15. Further both the O.Ps. are directed to pay Rs.10,000/- to the complainant towards cost within the aforesaid period, failing which the entire amount shall carry an interest @ 9% P.A. till realization.

Accordingly the case of the complainant is allowed expert against the O.Ps.

 

            I agree                                   

    (Sri S.C. Sahoo)                                                                                            (Sri A.K. Purohit)

          Member                                                                                                          President                                    

DCDRF, Keonjhar                                                                                            DCDRF, Keonjhar

 

                                                                   Dictated & Corrected by me

                                                                           (Sri A.K. Purohit)

                                                                PRESIDENT, DCDRF Keonjhar