The case of the complainant, in a nutshell, is that the complainant has purchased one Yamaha Motor Cycle bearing Regd. No. WB 70F 1556, Engine No. E3PIE0015672, Chassis No. MEIRE1216F0015943, Colour - Red, Model - 2015, Key No. 2524, HP/CC 8.1/125CC under Invoice No. 111 on 04/10/2015 from O.P No. 2 for consideration of Rs. 54,600/- including Rs. 7,917/- towards Vat and O.P No. 2 accordingly issued a valid bill Bearing No. 111 Dated 04/10/2015 along with a Manual Book-cum-Warranty card in respect of his Motor Cycle. The complainant out of the said consideration paid Rs. 31,340/- to the O.Ps and the rest amount was financed by the O.P No. 1 under loan Account No. TW1071NR00411506 and the monthly installment was fixed a sum of Rs. 1,676/-. Accordingly, after purchase the Motor Cycle the complainant has been re-paid fifteen numbers of EMI through his bank account Bearing No. 42850100001838 under Bank of Baroda, Alipurduar Branch and re-paid another nos. of EMI by cash after valid receipts but the O.P No. 1 did not disclose the complainant that how many EMI is to be paid by the complainant?

            The further case of the complainant is that inspite of several requests made by the complainant the O.P No. 1 did not supply any statement of loan account. Ultimately, on 02/11/2017 the complainant made written petition to the O.Ps but the O.Ps did not pay any heed to it. Beside that O.P No. 1 frequently visiting the house of complainant and made pressure upon him for EMI otherwise they would take over possession of the said Motor Cycle. Hence, this case has been filed by the complainant against the O.Ps with a prayer to direct the O.P No. 1 to issue NOC in respect of the said Motor Cycle and also made a prayer to direct the O.Ps to pay Rs. 30,000/- towards his mental agony and sufferings and also prayed to direct the O.Ps to pay a sum of Rs. 10,000/- towards litigation costs.

            Both the O.Ps have appeared before this Forum and contested the case by filing written version separately. Both the O.Ps have denied the allegations as leveled by the complainant against them. It is categorically stated by the O.P No. 1 in his written version that he had made the payment of necessary amount to the O.P No. 2 on behalf of complainant upon entering into an agreement with the complainant as such under no circumstances the O.P No. 1 has indulged themselves in any unfair trade practice as alleged. The O.P No. 1 has also averred that complainant applied for financial assistance for purchasing one Yamaha Motor Cycle from O.P No. 2 and basing upon the documents submitted by the complainant the said loan was disbursed by the O.P No. 1 on good faith basing upon the fiduciary relation and purporting upon the document submitting by the complainant. But O.P No. 1 did not deny non-supply of statement of account to the complainant. O.P No. 1 side stated that the complainant has filed this case for illegal gain. Both the O.Ps have prayed for dismissal of the case.

            Both the O.Ps have filed evidence-on-affidavit and the complainant also filed the evidence-on-affidavit. The complainant and O.P No. 1 filed written argument. The O.P No. 2 did not file any written argument and as per his submission the written version filed by him has been treated as written argument.

            We have also heard argument from the complainant as well as from the side of O.Ps.

            Considering the above pleadings the following issues are necessarily come out for consideration to reach just decision of the case. Complainant has also filed some original documents with firisty.

                                                   POINTS FOR CONSIDERATION

1. Is the complainant a consumer u/s.2 (1)(d)(ii) of Consumer Protection Act, 1986 ?
2. Has this Forum jurisdiction to entertain the instant case?
3. Have the O.Ps any deficiency in service as alleged by the complainant?
4. Is the complainant entitled to get any relief/reliefs as he prayed for?

                                        DECISION WITH REASONS

            Nature and character of the case shows that all the points are interlinked to each other and as such all the points are taken up together for consideration for the sake of brevity and convenience.

            It is evident on record the complainant has purchased one Yamaha Motor Cycle from O.P No. 2 which was financed by O.P No. 1 as it is appeared from Tax Invoice receipt dated 04/10/2015 and the payment receipt filed by the complainant leads to presume that the complainant is a bona fide consumer of the O.Ps.

      The complainant Sri Sanjib Das is a resident of Vill. - Salsala Bari, P.O.– Bheluk Dabri, P.S. & Dist. – Alipurduar, Pin – 736208 and the office of the O.P No. 2 is also situated at New Town,  Alipurduar and whereas the O.P No. 2 situated under P.S. & Dist. Alipruduar as such this Forum has territorial jurisdiction to try this case and whereas the claim amount is less than the pecuniary jurisdiction of this Forum as such this Forum has ample jurisdiction to try this case.

      On perusal of the materials available on the case record it is revealed that account being no. 42850100001838 of Bank of Baroda, Alipurduar Branch belongs to the complainant Sri Sanjib Das. Withdrawal has been made from that savings account by the O.P No. 1 (Bussan Auto Finance India Pvt. Ltd., “AASTHA”, 4^th Floor, Videocon Towar, E-1, Jhandewala Extn., New Delhi – 10055, India) as follows :-

                                                                   Total Rs. 33,520/-

And

            the O.P No. 1 also issued the payment receipts in the name of the Sri Sanjib Das (who made payment in cash) as follows:-

                                                                                                             Total Rs.  16,776/-

            The Tax Invoice dated 04/10/2015 in connection with YAMAHA Motor India Private Limited issued from R.N. Auto authorized dealer, New Town, Madhab More, Alipurduar, Jalpaiguri, Mobile No. 9932229872 speaks that the consideration amount of the Vehicle is Rs. 54,600/- (including 14.5% Vat Tax Rs. 7,917/-). The Kuncha receipt dated 05/10/2015 issued by  R.N. Auto authorized dealer, New Town, Madhab More, Alipurduar, Jalpaiguri, in the name of Sri Sanjib Das indicates that the complainant has paid Rs. 31,334/- on that date. Therefore, remaining amount of Rs. 54,600/- minus(-) 31,334/-; Rs. 23,266/- ought to be financed by the O.P No. 1.

            The complainant has already paid through his aforesaid savings account Rs. 33,520/- and he has already made payment by cash Rs. 16,776/- total Rs. 50,296/- out of remaining amount Rs. 23,266/-. Therefore, the complainant has already made excess payment of Rs. 27,030/- to the O.P No. 1 and as such it is his legitimate right to seek the statements of account of his payments from the O.P No. 1 and also he has legitimate right to refund the aforesaid excessive paid amount from the O.P No. 1. Whereas the O.P No. 1 did not inform the complainant either in writing or orally in respect of his payment inspite of his requests as such there is deficiency in service on part of the O.P No. 1.

            Whereas the complainant did not seek any relief against the O.P No. 2 as such O.P No. 2 is exempted from any liability from this case.

            Considering the positive results of the discussed points for consideration point no. 4 also bears the positive result and that should be reflected in the ordering portion.

            Thus all the points are disposed of accordingly.

            Fees paid are correct.

            Hence, for ends of justice; it is;-

                                                                    ORDERED

            that the instant case be and the same is allowed on contest with costs.

            The complainant Sri Sanjib Das do get a decree of his excess payment amounting to Rs. 27,030/- as his legitimate right and he further do get decree of Rs. 13,000/- for his mental agony and sufferings + Rs. 5,000/- as his litigation costs against the O.P No. 1 (Bussan Auto Finance India Pvt. Ltd., “AASTHA”, 4^th Floor, Videocon Towar, E-1, Jhandewala Extn., New Delhi – 10055, India). The authority of O.P No. 1 (Director/Manager/Any authorized person of O.P No. 1) is hereby directed to pay the total decreetal amount of Rs. 45,030/- to the complainant within 30 days from this day and the authority of O.P No. 1 (Bussan Auto Finance India Pvt. Ltd., “AASTHA”, 4^th Floor, Videocon Towar, E-1, Jhandewala Extn., New Delhi – 10055, India) is hereby also directed to issue NOC in respect of the Motor Cycle in favour of the complainant within 30 days from this day failing which the complainant will be at liberty to put this decree into execution according to law.

            In case of realization of the decreetal dues through execution the complainant be entitled to 8% interest per annum on the decreetal dues from the date of filing of this case from 16/01/2018 till liquidation of the entire decreetal dues.

             Let a copy of this final order be sent to the concerned parties through registered post with A/D or by hand forthwith for information and necessary action.