MR. BIBEKANANDA DAS, MEMBER :-

          Complainant has filed the C.C.Case No. 199/2023 U/s.35 of Consumer Protection Act, 2019 seeking seizure of Machine PC-130 (Maker  KOMATASU India Pvt.Ltd.-CEQ) and Rock breaker Chassis MHN002965  is illegal and the same be released.

            Complainant took loan of Rs. 34,53,755/- on 06.08.2020 to repay in 47 monthly EMI commencing from 03.09.2020 to 03.07.2024. Complainant failed to pay and violated the agreement for which the machine/vehicle in question has been sold as per order dt. 19.10.2023 of Learned Arbitrator Hon’ble Judge Sri Subhasis Ghosh under Arbitration & Conciliation Act, 1996. The agreement period is also over on dt. 03.07.2024.

            Since the Award passed by Ld. Arbitrator is prior to filing C.C. & the machine/vehicle in question has already sold and admittedly the Complainant was a defaulter we find no merit in the C.C.. Relationship between the Complainant & Ops is that of Debtor & Creditor  and we find no merit in the C.C.

                With the aforesaid observation and direction the C.C.Case No. 199/2023 is hereby dismissed and accordingly disposed of. No order as to cost.  

                         Issue extract of the order to the parties for compliance.   

           Pronounced in the open Commission, on this the 30^th  day of July,2024.            

                              I, agree

                                     Sd/-                                                      Sd/-

                                PRESIDENT                                         MEMBER