Order No.  3  dt.  16/07/2019

          Complainant filed this case stating inter alia that the vehicle was purchased with the finance provided by the o.p. no.1 and the vehicle registered with the Transport Department, Govt. of West Bengal, Darjeeling. During the driving of the said vehicle the o.p. no.2 took possession of the vehicle with the allegation that one Abdul Gaffar, the o.p. no.3 took the loan from the o.p. no.2 and since he failed to pay the loan thereby vehicle was taken possession by the o.p. no.2. In support of the said contention the complainant filed this case praying for direction upon the o.ps to return the said vehicle as well as for direction upon the o.p. no.1 for continuation of the loan as agreed by them and also prayed for compensation.

            On perusal of the record, we find that the vehicle in question was purchased by one Abdul Gaffar in the year 2013 and he took loan from the Cholamandalam through its office situated at 2^nd floor South Subhash Pally, Dankuni, Hooghly, Pin-712311. The complainant has made regional office of Cholamondalam as a party to this case but the said branch wherefrom the loan was disbursed and the vehicle was taken possession by the said branch has not been made party in this case. It is pertinent to mention here that the complainant has filed some document including registration certificate of the vehicle stood in the name of Abdul Gaffar who purchased the said vehicle in the year 2013 and the said vehicle allegedly purchased by the complainant in the year 2018 and he filed a registration certificate to that effect issued by Transport Department, Govt. of West Bengal, Darjeeling. It is pertinent to mention here that the complainant has not filed any document to show including Tax Invoice and the Challan to substantiate his claim that he purchased the vehicle from the vendor. The vendor of the said vehicle has not been made as party in this case. The complainant has also claimed that a fraud has been practiced by the o.ps but this Forum cannot enter into the dispute between the parties whereby the allegation of fraud has been raised by the parties.

            Be that as if may in order to give the complainant an opportunity to pursue the case in proper manner we asked the complainant to make the branch office of Cholamondalam wherefrom the loan was disbursed as a party to this case but the Ld. Lawyer for the complainant does not want to make the said branch of Cholamandalam as a party to this case and thereby he asked this Forum to pass a necessary Order so that he can challenge the said Order before proper Forum. Since the facts of the case are ambiguous and thereby we are not inclined to pass any order by issuing process against the o.ps. Accordingly, the same is dismissed in limini.