C.C. No.92/2020

Binod Kumar Swain,

S/o. Late Gurubari Swain,

Vill. – Banapat,

P.O.- Balitutha,

P.S.- Kujanga,

Dist.- Jagatsinghpur.                                                    ……… Complainant

                              (Versus)

1. De Lage Landen Financial

Services India Private Limited,

Represented through its Managing Director,

20/F Peninsula Business Park,

Tower A Senapati Bapat Marg,

Lower Parel Mumbai 400013, India.

2. Escorts Limited, (Escorts Agri Machinery Group), 

Represented through its Managing Director,

Registered Office: 18/4 Mathura Road,

Faridabad- 121007.

3. Proprietor, M/s. Jay Kissan Motors,

At- Talapada,

P.O.- Rahama,

P.S.- Tirtol,

Dist.- Jagatsinghpur- 754140.

4. Branch Manager,

Canara Bank, Rahama Branch,

At/P.O.- Rahama,

P.S.- Tirtol,

Dist.- Jagatsinghpur.…..… Opposite parties

For Complainant………..Mr. S.K. Naik & Associates

For O.P. No.1………..Mr. R. Panigrahy & Associates

For O.P. No.2………..Mr. R.K. Pattnaik & Associates

For O.P. No.3………..Mr. N.R. Mohapatra & Associates

O.P. No.4………..Ex-parte

ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                          JUDGMENT

            Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 seeking following reliefs;

            “Direct the opposite parties No.1 to 3 not to repossess the Escorts Euro 50 Tractor and to settle the matter to supply a copy of the loan agreement and current account statement  and to receive the installment for the loan without adjusting the same in any other charges and to exonerate the complainant from any other unnecessary charges and the opposite party No.3 direct to provide the registration certificate & insurance certificate and pay compensation of Rs.5,00,000/- jointly or severally by the opposite parties. ”         

            While hearing the matter on 26.4.2023, we had directed both parties as under;

            “Heard both the parties. Both parties are directed to file proof regarding payment/receipt/order/representation letter regarding registration of vehicle.”

            But none of the parties have filed any paper with regard to our order dtd.26.4.2023.

            We have gone through the records and found that opposite party No.3 has intimated complainant on 01.5.2020 to pay the dues/amount for registration which the complainant has not carried out and both sides are absent. When the complainant has not carried out the order and given any explanation and no document filed to establish the case we are handicapped to adjudicate the issue. Financier has given finance and he has every right over the vehicle which is in the custody of complainant by virtue of our order dtd.26.6.2020. If the vehicle is in the custody of complainant then he is liable to pay and if complainant has paid his dues then opposite parties (financer) should issue NOC. If the complainant fails to pay the loan then opposite parties financer are free to repossess the vehicle. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.

            Pronounced in the open Commission on this 29^th June,2024.