Date of filing :- 04/04/2013
Date of Order :- 11/03/2015
DISTRICT CONSUMER DISPUTES REDRESSAL FOURM(COURT)
B A R G A R H.
Consumer Dispute Case No. 21 of 2013.
Santosh Kumar Pattnaik, aged about 61(sixty one) years, son of Late Krushna Chandra Pattnaik, R/o Jamankira, Po/Ps. Jamankira, Dist. Sambalpur(Odisha)
..... ..... ..... Complainant.
- V e r s u s -
State Bank of India, Tileibani Branch, At/Po. Tileibani, Dist. Deogarh, Through its Branch Manager.
M. Satyanarayan Murty, Proprietor of M/s Sri A.V.P.Motors, At/Po. Regnalipali Camp, Ps. Attabira, Bargarh-768027.
... .... .... Opposite Parties.
Counsel for the Parties:-
For the Complainant:- Sri M.K.Satpathy, Advocate with others Advocates.
For the Opposite Parties :- Ex-parte.
-: P R E S E N T :-
Miss Rajlaxmi Pattnayak ..... ..... ..... ..... ..... ..... ..... P r e s i d e n t.
Mrs Anjali Behera ..... ..... ..... ..... ..... ..... ..... M e m b e r.
Sri Pradeep Kumar Dash ..... ..... ..... ..... ..... ..... ..... M e m b e r.
Dt. 11/03/2015. -: J U D G E M E N T :-
Presented by Miss R. Pattnayak, President.
The brief facts of the complaint case is that the Complainant to earn his livelihood by self employment through cultivation, has purchased a John Deer Tractor from Opposite Party No.2(two), the authorized dealer of John Deer Tractor namely Proprietor M/S AVP Motors, At/Po Rengalicamp, Attabira of Dist. Bargarh being financed by the Opposite Party No.1(one) i.e. State Bank of India, Tileibani Branch, Deogarh. The Complainant has also paid necessary taxes and deposited the requisite amount before the Opposite Party No.1(one) including service charges. The Complainant has placed due proposal and quotation furnished by the Opposite Party No.2(two). He has paid Rs. 1,08,400/-(Rupees one lakh eight thousand)only as advance money and the Opposite Party No.1(one) bank has financed the rest amount to enable the Complainant to purchase the Tractor along with trailor, tiller, cage wheel, earth levelor, hood etc. But the Opposite Party No.2(two) has supplied the Tractor only to the Complainant without any trailer, tiller, cage wheels, earth leveler, any other parts, accessories or hood. On being asked, the Opposite Party No.2(two) assured him to supply the same later on as those were not readily available in stock by then. The Opposite Party No.2(two) has assured the Complainant to inform the matter to the Opposite Party No.1(one), so that interest to be calculated on the bald Tractor only. The Complainant has also accordingly informed the matter before the Opposite Party No.1(one). The Complainant has accepted the Tractor only on good faith. The Opposite Party No.2(two) has also not provided the copy of sale bill and other related papers and on being asked by the Complainant, he informed the Complainant that those papers would be directly submitted to the Bank. After lapse of months the Opposite Party No.2(two) has failed to provide the Complainant the other equipments and Tractor accessories as per quotations even after his repeated request and grievance over telephone, personal meeting and letters. Till date neither the Opposite Party No.2(two) has solved the grievance of the Complainant nor took steps to provide him those materials but deferred the matter on some pretext or other till last week of March-2009 when he once again has assured to provide the same within a fortnight but failed to comply the same. Finding no way out the Complainant has also placed written grievance before the Opposite Party No.1(one) through letter Dt.27/04/2009 and seeking relevant information under R.T.I. Act but in vain. There after the Complainant has approached the Opposite Parties several times personally and requested them to provide the materials and interest benefits. But they have been deferring the same on some pretext or other till last week of November-2012 when they finally denied to do so. Finding no way out the Complainant served pleaders Notice Dt.13/12/2012 on the Opposite Party but the Opposite Party have remained silent although have received the Notice. Being aggrieved, the Complainant has filed this case with prayer for the following reliefs such as :-
To direct the Opposite Party No.1(one) to cause wave the interest of the Tractor finance amount of the Complainant till supply of the other materials by the dealer Opposite Party No.2(two).
To direct the Opposite Party No.2(two) to provide the Complainant with the articles as quoted in the quotation and the sale relevant papers.
and
To direct the Opposite Parties to pay compensation of Rs.10,20,000/-(Rupees ten lakh twenty thousand)only jointly and severally to the Complainant along with any other fit and equitable relief and any other orders as deems fit and proper as the act and conduct of the Opposite Party jointly and severally are negligent and deficiency in rendering consumer service for which he has sustained monetary loss, harassment both physically and mentally. Besides the very purpose of the purchase of Tractor was frustrated as without the accessories the same is useless and can not be used for earn the livelihood.
In support of his case the Complainant has filed the documents which are attached to the case record. The Opposite Parties have been duly served with Notices in this case but they choosed not to contest the same even after getting sufficient opportunities and became ex-parte on Dt.02/09/2014 and the case was posted for ex-parte hearing.
We have gone through the case in details. Perused the documents filed by the Complainant and heard the learned counsel appearing for the Complainant at a length. On perusal of the documents it is found that, the Opposite Party No.1(one) has provided finance to the Complainant to purchase the tractor, tailor and other accessories from the Opposite Party No.2(two). Further proved from the quotation supplied by Opposite Party No.2(two) for Tractor and tailor and other accessories vide Dt.28/06/2007 in the name of the Complainant quoting the price. The money receipts bearing No. 176 and No.177 Dt.20/07/2007 and Dt.04/08/2007 issued by Opposite Party No.2(two) reveals that the said receipts have been issued by the Opposite Party No.2(two) against receipt of deposit of the Rs.4,92,146/-(Rupees four lakh ninety two thousand one hundred forty six)only and Rs.1,08,405/-(Rupees one lakh eight thousand four hundred five)only from the Complainant being financed by Opposite Party No.1(one), against the said order.
So the above documents clearly discloses that order placed for Tractor, tailor and other accessories for which price was paid, by the Complainant to the Opposite Party No.2(two). Complainant submitted that the Opposite Party No.2(two) has supplied the tractor only to him without any tailor, and accessories and the Opposite Party No.2(two) has also not provided the copy of sale bill and other related papers. Further Complainant submitted that although Tractor is now in his possession but without tiller and other accessories it is in the ideal condition. Copy of quotation is nothing but a writing indicating the price of the Tractor along with its accessories. After receipts of quotation, Complainant made an offer by submitting the amount in both the ways of draft and cash in accordance with the quotation amount. Opposite Party No.2(two) accepted the said amount by issuing money receipts in favour of the Complainant and it was by this acceptance, the contract can be said to have been completed between the parties. So in the instant case the Opposite Party No.2(two) has violated the above concluded contract. So when payment was made to Opposite Party No.2, he is bound to supply all other accessories along with the Tractor. The letters attached t the case record clearly reveals that after repeated correspondences by the Complainant also, the Opposite Party No.2(two) has failed to provide the articles as per the quotation except the Tractor is clearly amount to an unfair trade practice.
Further to counter the above allegation of the Complainant, the Opposite Party No.2(two) has not filed his version in this case as well as not challenged the Complainant's averments in any manner. Although has received the notice from the Forum but remained silent. So in the absence of presence of Opposite Party No.2(two) in proceeding and the related neglect shown brings weightage to the grievance of the Complainant.
Even after receiving the full amount, the Opposite Party No.2(two) has not supplied the other articles of tractor and relevant sale papers of the Tractor at a time is unjustified. This clearly shows not only gross deficiency but also willful misconduct and fraudulent practice on the part of Opposite Party No.2(two) for which the Complainant entitled for relief. The Opposite Party No.2(two) has intentionally avoided to remain present before the Forum in spite of several opportunities given to him to plead. From the above facts, it is clear that, the Complainant after receipt of lump sum amount did not supply the rest articles. Therefore in our considered now, non-supply of the other rest articles and sale related papers even after receipt of full consideration amount from the Complainant is deemed to be an unfair trade practice which is amount to deficiency in service. Considering the circumstantial evidence the Forum accepted the version of the Complainant and came to conclusion that the Opposite Party has violated the contract. Hence Opposite Party No.2(two) is held guilty of adopting unfair trade practice U/S 2(i)(V) of the Consumer Protection Act-1986 and committed fraud.
Further it is the admitted fact of Complainant that he has taken loan for purchase of Tractor and implements for which several Notice were issued by Opposite Party No.1(one) Bank to the Complainant for payment of overdue loan amount. Bank has not filed any document regarding the loan account statement but the record reveals that Complainant has not paid any amount to the Opposite Party No.1(one) Bank with a plea that due to non-suppling of rest articles and relevant papers, the Complainant unable to ply the tractor and thats why unable to deposit the loan amount, which is not justified. In the instant case, when the Complainant failed to repay the installments, the Opposite Party No.1(one) bank has done their duties as per their rule and regulation. Here the Opposite Party No.1(one) Bank also have screened the actual fact by not participating in the proceeding. But since it is a case of grant of loan, repayment there of and realization of the loan amount, the Opposite Party No.1(one) has all the rights to realize the loan dues in accordance with the agreement made by the Parties. Here the Complainant admitted the sanction of loan amount and receipt of amount from the Opposite Party No.1(one) he is bound to repay all the loan dues. Considering all the fact and circumstance we do not find any illegality on the part of the Opposite Party No.1(one) Bank towards realization of loan amount.
Hence Ordered.
O R D E R
The Opposite Party No.2(two) is directed to supply the Trailor with New tyre, 9 tyre spring loaded cultivator, cage wheels and earth leveler as quoted in the quotation along with sale relevant papers to the Complainant.
Since the Complainant has burdened with extra interest of those accessories which has been included in the price tag and the Complainant could not ply the Tractor due to non supply by the Opposite Party No.2(two), the Opposite Party No.1(one) is directed to calculated the interest from the date of finance and supplied the calculated sheet to the Complainant with in fifteen days from the date of Order. The Complainant is directed to submit the said calculated sheet immediately after receipt of the same from the Opposite Party No.1(one) before the Opposite Party No.2(two). After receipt of the interest calculated sheet, the Opposite Party No.2(two) is directed to pay the interest of the Complainant to the Opposite Party No.1(one) directly with proper information to the Complainant within one month from the receipt of the interest calculation sheet from the Complainant.
The Opposite Party No.1(one) Bank is discharged from all liabilities with a liberty to realize the loan dues from the Complainant as per their rule and regulation.
Further Opposite Party No.2(two) is directed to pay compensation of Rs.5,000/-(Rupees five thousand)only towards mental agony, harassment and litigation cost.
The entire order should be comply by the Parties with two month from the date of Order, failing which the awarded amount shall carry @ 12%(twelve percent) interest per annum till the actual payment of realization.
The Complaint is allowed and disposed off accordingly.
Typed to my dictation
and corrected by me.
(Miss Rajlaxmi Pattnayak)
P r e s i d e n t.
I agree, I agree,
(Sri Pradeep Kumar Dash) ( Smt. Anjali Behera)
M e m b e r. M e m b e r.
