DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 57 OF 2017

Kedar Bhanj,

S/O- Subanath Bhanj,

RO: Aitapali, PO/PS: Laikera,

Dist: Jharsuguda, Odisha……………………..……………………………Complainant.

Versus

1. Bhajamana Biswal,

Prop. of M/s Maa Lobhabati Motors,

At: BTM Main Road,PO: Ekatali, Jharsuguda,

Dist: Jharsuguda, Odisha.

2. The Branch Manager,

Ms. Shriram Transport Finance Co. Ltd., Jharsuguda Branch,

Dist: Jharsuguda, Odisha…………………...….….…..….……....Opp. Parties.

Counsel for the Parties:-

For the Complainant                                  K.K. Mishra, Adv. & Associates.

For the Opp. Party No. 1                          Self.

For the Opp. Party No. 2                          Self (Ex-Parte).

Date of Order: 07.11.2017

Present

1. Shri Sundar Lal Behera, President.

                                                                                2. Shri Santosh Kumar Ojha, Member.

                                                                                3. Smt. Anamika Nanda, Member(W).

Shri Santosh Kumar Ojha, Member :-  The brief facts of the complaint’s case is that  the complainant being a farmer and for cultivation purpose he was interested to purchase a Tractor on loan as convinced by the O.Ps. The consideration amount of the Tractor was Rs.6,00,000/- only where the complainant has paid Rs.1,60,000/- only to the O.P.No.1 on dtd. 05.06.2016. The loan amount of Rs.4,40,000/- only was sanctioned in favour of the complainant by O.P.No.2 bearing loan account No. JHRSU0601160003 dtd.16.01.2016. An agreement was executed between complainant and O.P.No.1 on dtd. 14.12.2016. The O.P.No.1 has issued a Post Dated Cheque vide No.103287 dtd.30.01.2017 in favour of the O.P.No.2 but it was dishonored.  The O.P.No.1 has failed to deliver the proposed tractor to the complainant and very cunningly managed to release the finance amount in favour of the complainant and used the tractor for his personal benefits without delivering the tractor to the complainant. The complainant being harassed by the activities of the O.Ps filed this case.                                                                                                                                      

On being noticed, the O.P.No.1 appeared through his counsel who has failed to file his Vakalatnama so also the written version.  The O.P.No.2 kept silent and ultimately stand ex-parte.

Heard from the complainant and gone thoroughly of the case record.  The complainant had approached the O.P.No.1(Dealer of Sonalika tractor) for a Sonalika Tractor having model DL RX 35 bearing engine No. 3100FL53J524242F3 and Chassis No. KYASU529217S3 whose cost was Rs.6,90,000/- only, and after deducting subsidy of Rs.90,000/- only the total consideration amount was Rs.6,00,000/- only.  The complainant has deposited Rs.1,60,000/- only as down payment and the rest amount of Rs.4,40,000/- was been financed by the O.P.No.2 by creating a loan account in the name of complainant bearing agreement No.JHRSU0601160003 dt.16.01.2016. But the O.P.No.1 did not deliver the said tractor in question to the complainant.  In the other hand an agreement was executed between the complainant and the O.P.No.1 on dtd. 14.12.2016 on a condition that the O.P.No.1 will pay the loan amount if he fails to deliver the vehicle and issued a Post Dated Cheque vide No. 103287 dtd. 30.01.2017 of SBI Banharpali Branch in favour of the O.P No.2.  Further it is found by the legal notice issued by the O.P.No..2 in favour of the O.P.No.1 dtd. 11.02.2017 that, the O.P.No.1 had issued the said Post Dated Cheque amounting Rs.5,13,550/- only which was dishonored on dtd. 03.02.2017. As per the statement of accounts dtd. 03.05.2017 issued by the O.P.No.2 in favour of the complainant, the complainant was in due of Rs.5,27,780/- only on dtd. 04.05.2017. It clearly reveals that the O.P. No.2 has financed Rs.4,40,000/- only infavour of the complainant and paid to the O.P.No.1 which was to be repaid by the complainant with interest and charges in 47 Nos. of monthly installments started from 16.01.2016 to 20.11.2019.

            The above mentioned matter of dispute reflects that the O.P.No.1 after taking the finance amount did not deliver the vehicle, as a result the complainant put in immense harassment and tortured mentally as without having in the physical possession of the said tractor in question he was / has to repay the loan amount to the O.P.No.2. The O.P.No.1 is found to be commitment of gross deficiency in service and unfair trade practice as per the aforementioned activities on the part of complainant for which he stand liable.

            Hence, this Hon’ble Forum allow the complaint petition directing the O.P .No.1 in form of order as follows:-

ORDER

1. The O.P.No.1 is hereby directed to pay the sanctioned loan amount Rs.4,40,000/-  ( Rupees four lakh forty thousand) only to the complainant.
2.  The O.P.No.1 is further directed to pay Rs.1,60,000/- ( Rupees one lakh sixty thousand) only to complainant  towards the down payment (which was paid by the complainant to the O.P.No.1).
3. The O.P.No.1 is further more directed to pay a sum of Rs.50,000/- (Rupees fifty thousand) only to the complainant towards harassment, mental agony and costs of the case.
4. All the above mentioned orders are to be carried out within 45 ( forty five) days from the date of receipt of this order, failing which O.P.No.1 shall be liable for interest @ 15% per annum on the above mentioned awarded amounts till its realizations.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 07th day of November’ 2017. Free copy of this order shall be supplied to the parties as per rule.

I Agree.                                I Agree,                                                                                                

A.Nanda, Member (W)               S. L. Behera,  President         S.K.Ojha, Member              

Dictated and corrected by me

          S.K.Ojha, Member