Order No. 10 dtd.21.08.19
Learned Counsel for OP No.2 filed hazira. Complainant remains absent. As the consumer-complaint relates to the year 2018 the hearing has taken up in the presence of Learned Counsel for OP and case of the complainant on merit. It is the case of the complainant that he purchased a Massey Ferguson Tractor from OP No.1 on dtd.27.09.2017. Complainant paid Rs.2.00 lakhs against the purchase of the said vehicle and balance Rs.5,25,000/- remains as outstanding amount. It is also the case of the complainant that M/s.Bhagabati Motors, OP No.2 assured the complainant to deduct Rs.1,40,000/- from the loan amount as an offer on the occasion of Durga Puja. It is further alleged that OP No.2 did not provide such offer to the complainant and demanded excess EMIs b y violating the condition and also OP No.2 demanded excess Rs.97,000/- excluding the balance loan outstanding dues of Rs.5,25,000/-.
OP No.1 L & T Finance Co.Ltd, is deleted from the proceeding for non service of notice. OP No.2 M/s.Bhagabati Motors,Danpur,Kendrapara appeared through their Learned Counsel and filed written version to the dispute. In the written version it is averred that complainant purchased a Massey Ferguson Tractor from OP No.2 on dtd.26.10.17 the cost of the vehicle amounts to Rs.7.00 lakhs including all the taxes and against the sale of the vehicle, complainant has deposited Rsa.1,00 lakhs and assured the OP No.2 to pay Rs.75,000/-, accordingly the balance loan outstanding remains Rs.5,25,000/-. But the complainant has not paid the assured amount of Rs.75,000/- till date. It is categorically averred that OP No.2 has never made any offer Rs.1,40,000/- at any point of time as submitted by the complainant in his complaint petition. Accordingly, the complaint is to be dismissed with cost.
Considering the grievance and its counter we are of the opinion that the dispute between the parties raised on an offer made by the OP No.2 for giving Rs.1,40,000/- as subsidy amount on the occasion of Durga Puja as per the grievance of the complainant. But no written document is filed into the dispute regarding such offer. The case of the complainant based on a verbal assurance of offer of contesting Ops is not substantiated by the complainant on producing any cogent evidence. In addition to the same the complainant lacks the evidence of excess demand of Rs.97,000/- and excess demand of EMI’s by contesting OP.
Accordingly, this Forum is of the opinion that the complaint bears no merit and is liable to be dismissed without any cost and the contesting Ops has not committed any deficiency in service as alleged by the complainant.
Pronounced in the open Court, this the 21st day of August,2019.
