DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 99/2023,

Sadik Hassan, Aged about 43 years,

S/O-Kumar Hassan

R/O- Bhutapada, PO/Ps-Dhanupali,

Tahl/Dist-Sambalpur-768001, Odisha.                          .……….......Complainant.

Vrs.

1. Sonaly Travels & Tours, Prop. Prafulla Kumar Guru,

At Near Hotel Sujata, V.S.S. Marg, PS-Town,

Dist-Sambalpur-768001, Odisha.

2. Shyam Mettalic and Power Energy Ltd.

Lapanga, PS- Rengali, Dist-Sambalpur-768212…...……….Opp. Parties

Order dated 08.01.2024

ORDER

The Complaint petition has been taken up on the point of maintainability agitated by the O.P. No.1. The alleged vehicle No. OD-15K 1309 Mahendra Bolero Plus is owned by Seema Shabnum. The Complainant purchased the vehicle from Seema Shanum on the basis of an agreement for sale notarised before Sri. P.R. Barpanda, Notary, Sambalpur. The vehicle has been hypothecated with Hinduja Leyland Financial Ltd. Sambalpur. As per Complainant O.P. No.1 approached the Complainant on 05.02.2022 to hire the vehicle on rent and it was engaged with O.P. No.2. The ownership of the vehicle has not been changed from Seema Shabnum to the Complainant and vehicle was given to 3^rd party, O.P. No.1 and the O.P. No.1 engaged the vehicle with 4^th party, O.P. No.2. From the supra discussion it is clear that the dispute is Civil in nature and the Complainant can not be termed as a Consumer as the ownership is with Seema Shabnum. The Complainant has used the vehicle for commercial purpose, accordingly the complaint is not maintainable. The Complainant is at liberty to approach the proper Civil Court for adjudication.

The Complaint is dismissed as not maintainable.