Orissa

Baudh

CC/61/2017

Bijay Krishna Sahoo - Complainant(s)

Versus

General Manager,Magma Finance Corporation.Ltd - Opp.Party(s)

19 Jul 2019

ORDER

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Complaint Case No. CC/61/2017
( Date of Filing : 02 Nov 2017 )
 
1. Bijay Krishna Sahoo
At/Po:Sarsara PS/Dist:Boudh
...........Complainant(s)
Versus
1. General Manager,Magma Finance Corporation.Ltd
At:Magma House 24 park street Kolkata,700016,west bengal
2. Suresh Reddy,Authoraized Dealer,M/S Purusottam Enterprises
Jagannath Junction N.H-5 Dist:Ganjam
3. Sananda Behera
At/Po/Ps:Jujumara Dist:Sambalpur
4. Regional Transport Officer,Boudh
At/Po/Dist:Boudh
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Padmanava Mahakul PRESIDENT
 HON'BLE MS. Mamatarani Mahapatra MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 19 Jul 2019
Final Order / Judgement

1. Alleging deficiency of service and unfair trade practice the complainant filed this case against the O.PS. to provide all documents relating to finance of tractor alongwith compensation.

         2. The case of the complainant is that he had purchased a Preet Tractor whose Engine No.P-34504667 Chassis No.NCM4501363 from the O.P.No.2 being financed by the O.P.No.1 on 25.12.2015.The complainant paid Rs.1,92,000/- before the O.P.No2towards down payment in three occasions. The O.P.No.2 provide the tractor to the complainant .The O.P.No.2 could not provide documents for registration of the vehicle fitness certificate insurance certificate to the complainant. The O.P.No.2 assured the complainant to supply those documents and at last they did not provide documents to the complainant .The complainant could not ply the vehicle on the road as the O.P.No. 2 and 3 could not keep their promise and the complainant was in very precarious condition for non-plying the vehicle and sustained heavy loss on the above purpose. The complainant at last filed this case against the O.Ps for a direction to provide all the documents alongwith compensation.

     3. After being noticed, the O.P.No.1 appeared through his advocate and filed his counter in the above case. The others O.Ps could not appeared in this case and became set ex-parte.

      4. The case of the O.P.No.1 is that the complaint is barred by jurisdiction as per section 11 of C.P.Act. The allegation against O.P.No.1 are not sustainable being based of concocted allegation and frivolous claim. The complainant has not come to this forum with a clean hand and suppressed all relevant facts. The O.P.No.1 has not committed any deficiency of service and not entitled any relief as claimed by him. and pray for dismissal of the case.    The complainant filed documents relating to the case

        Taking into consideration of the case of the complainant and the O.Ps this court has got no jurisdiction to entertain such petition under section 11 of C.P.Act. As such no order can be passed against the O.Ps and allegation made against the O.P.No.2 and 3 for non-supply the documents there is no primafacie evidence to believe of such allegation. As such we dismiss the case of the complainant against the O.Ps without any cost .

   Order pronounced in the open court under the seal and signature of the forum this the 19th day of July,2019.

 
 
[HON'BLE MR. Padmanava Mahakul]
PRESIDENT
 
[HON'BLE MS. Mamatarani Mahapatra]
MEMBER

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