PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 48 /2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Dharmendra Mishra,

S/O- Prem Chand @Shiba Prasad Mishra,

At-Dhubapada, Ps-Ainthapali,

Dist-Sambalpur, Odisha-768001.

Mob-9337125525                                                          .……….......Complainant.

Vrs.

1. Successking Contractors Pvt. Ltd.

Kings Group of Companies, Represented through its Directors

Vulash Kumar Sahoo and LambodarSahoo,

At-Plot No. 3D/1066, CDA, PO/Ps-Markatnagar, Sector-10, MeeraBhawan, Near SIMS College, Cuttack,Odisha-753014.

Email

2. Office of The General Manager,

Mahanadi Coalfeilds Limited

Lakhanpur Area, At/Po-Bandhbahal,

Dist-Jharsuguda, Odisha-768211.

Email-

Counsels:

1. For the Complainant         :- Sri. R.Gupta & Associates
2. For the O.P.No.1                :- Sri. S.K.Tripathy & Associates
3. For the O.P.No.2                :- Sri. A.K. Senapati

Date of Filing:12.02.2024,  Date of Hearing :16.07.2024,  Date of Judgement :27.08.2024

Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant and his brother purchased one vehicle and another vehicle under agreement for sale. The vehicles were engaged under O.P.No.1 company and the O.P.No.1 again engaged the vehicle under O.P. No.2.

OD-15X-4656 vehicle Mahindra Bolero was engaged under O.P.No.1 with an assurance of receiving fixed amount for payment of EMIs. The O.P.No.1 agreed to hire the vehicle @Rs. 90,000/- per month including all charges, limit 4000 Km per month with fuel, driver payment, maintenance etc. The Complainant paid for four months filling fuels, driver charges, maintenance etc. The O.P.No.1 not turned up to pay the agreed amount. The O.P.No.1 made an agreement with O.P.No.2 for monthly rent of Rs. 1,04,999/- as revealed from work order. O.P.No.2 paid all the amount to O.P.No.1 but O.P.No.1 has not paid to the Complainant and harassed. When Complainant stopped engaging vehicle the O.P.No.1 imposed penalty and put pressure to settle in one lakh. The O.P.No.1 even threatened to use criminal force. Being aggrieved complaint has been filed for unfair trade practice and deficiency in service.

2. The O.P.No.1 filed a petition to refer the parties for arbitration as per section 8 of the Arbitration and conciliation Act, 1996.
3. The O.P.No.2 after appearance also not filed any version.
4. Perused the documents filed by the Complainant.

1. Registration Certificate of vehicle No. OD-15X-4656.
2. Letter No. 2293 dated 26.07.2023 of the O.P.No.1.
3. Lease Cum Hire Agreement dated 24.05.2023 between O.P.No.1 & 2.
4. Work order dated 16.06.2023 issued by O.P.No.2.
5. Details of log book of vehicle maintained by the Complainant.

5. The Hire-purchase act, 1956 has been enacted to define and regulate the rights and duties of the parties to hire-purchase agreements and matters connected therewith or incidental thereto. Admittedly the Complainant is the owner of the vehicle No. OD-15X-4656 entered into agreement with O.P.No.1 on 26.07.2023 and also agreed to lease out the vehicle to O.P.No.1 vide agreement dated 24.05.2023. The Complainant also agreed to hire the vehicle through O.P.No.1 to O.P.No.2.

Under the Consumer Protection Act, 2019 being the hirer rights are available for the O.P.No.1 and O.P.No.2 but not for the owner, Complainant. The Complainant is providing service to the O.Ps and the O.Ps are the beneficiaries/hirers. Hence the Complainant is not a Consumer of the O.Ps rather the O.Ps are Consumers of the Complainant.

Accordingly, as the Complainant is not a consumer of the O.Ps this complaint is not maintainable and dismissed. The Complainant is at liberty to approach the competent Civil Court for redressal of his grievance.

Order pronounced in the open court on 27^th day of August, 2024.

Supply free copies to the parties.