J U D G M E N T.
PRESENTED BY MRS SUSMITA MISHRA, PRESIDENT :
The present consumer complaint petition has been filed by the complainant namely Tapaswini Barik under section 12 of the C.P.Act,1986 against the above-named O.ps ( L & T Finance Ltd) non- registration of the financed vehicle as well as threatening to the complainant to seize the vehicle ( Tractor).
Brief Facts of the Case :
The fact of the present case shortly is that the complainant purchased on 28.06.2018 the vehicle Tractor” namely Model “ Massoy Ferguson Tractor,” vide Engine No.391354SZE02 and Chasis No.WZTE304281263 after paid down payment of Rs.85,000/- ,the cost of the vehicle is Rs.4,85,000/- out of the total cost of the vehicle is Rs.5,70,000/-. The complainant paid installment dues regularly but the financier not registered the vehicle till the date of filing of this case. The repayment schedule of the said vehicle is fixed at 42 installment. The above- said financed vehicle was found defective one, for which the complainant made request sincerely and severally to repair or replace and to registered the said vehicle to the O.Ps. But all are in vain. Only 4 to 5 installment are left in Covid period. The O.Ps are neither repair nor replace nor reduce any installment , not registered nor insured. But the O.Ps assured that if the complainant paid dues in time they make a rebate rate of interest and also release the N.O.C without delay but without registration. Besides that the O.ps are waived out the loan by Pradhan Mantri Rojagar Yojana ( PMRY). On 15.05.2020 , the O.Ps are threatened to the complainant to seize the vehicle. Finally , the vehicle was not used by the complainant without any registration. Hence, this petition filed by the complainant.
Upon notice the complaint petition was contested by the O.Ps. The learned advocate on behalf of the O.ps appeared and filed their written version. It is humbly submitted by the O.Ps that the present complaint petition is that maintainable in view of the prayer made by the complainant. The O.Ps are stated that the loan amount of Rs.5,00,000/- was sanctioned by the O.Ps to the complainant for the purpose of purchasing a New Tractor vehicle model “ Swaraj-PTL-735 FF 39 HP Tractor “ vide Loan-cum-Hypothecation Agreement bearing Loan Agreement No. OKG002195 F1801283112, Engine No.391354SZFO2992 and Chasis No.WZTE 30428126312 and not the “ Massay Ferguson Tractor as claimed by the complainant, vide Chasis No.WZTE304281263 and Engine No.39154 SZE02” . The agreement was executed on 28.06.2018 and the agreement value to be repaid by the complainant 60 periodical installments from 05.08.2018 to 05.07.2023 for which each installment of Rs.12,177/- P.M . It is also stated by the O.ps that the complainant had paid only 16-17 installment of amounting to Rs.2,09,071.16/- till dated 11.11.2020. On dated 14.10.2020, the last payment of Rs.240,16/- was received by the O.Ps. It is further stated by the O.Ps that one demand notice issued to the complainant due to chronic defaulter of the loan amount on 15.06.2020. As on 11.11.2020 a sum of Rs.493254.42/- is outstanding including overdue charges against the complainant. It is also stated by the O.Ps that the present O.ps had never financed a “ Massay Ferguson Tractor” to the complainant . Hence the presence complainant is not a consumer under C.P.Act. The complainant is not entitled to any of the relief as prayed. Hence this petition is liable to be dismissed in limini for filing frivolous and vexatious complaints.
In support of the case, the complainant had produced a copy of certificate of Insurance cum policy schedule from ICICI Lombard Vide policy No.3008/150655916/00/000 on dated 28.06.2018 marked as C-1. Where as the O.ps are produced their documents marked as Annexture-A to C. Evidence is close.
Since it is a year old case, we are disposing it on priority basis as per mandate provision of the C.P.Act,2019. Heard the argument from the side of the O.ps, whereas the complainant is absent on the date of hearing . Perused the pleading and documents available on record .
As per the document ( Certificate of Insurance –cum-policy schedule from ICICI Lombard) which is produced by the complainant, it is seen that the complainant namely, “ Tapaswini Barik” had availed a Insurance policy certificate as “ Miscellaneous vehicles Package policy” vide policy No.3008/15065 5916/00/000 on dated 28.06.2018. It is clearly indicated that the complainant had purchased one “ Swaraj Tractor 735 FE (Model) “ bearing Chasis No.WZTE 30428126312 and Engine No.391354 SZE02992/ dated 28.06.2018. Period of Insurance shows from June 28,2018/18:25 to Midnight of June 27,2019. The Loan-cum-Hypothecation Agreement obtained through the O.Ps- L & T Finance Co.Ltd, Balasore. It is also seen that the complainant’s address is completely different as mentioned in the complaint petition. In the complaint petition, the complainant is stating that she had purchased the vehicle “ Massoy Ferguson Tractor, vide Engine No.391354SZE 02 and chasis No.WZTE 304281263. There is no other documents provided by the complainant regarding the vehicle in question and to prove her case as the deficiency in service on the part of the O.Ps. The present document is not sufficient and not helpful to the complainant.
This appears to be clear case of discrepancies in the above said vehicle. As a result, the complainant is not coming within the purview of C.P.Act,2019 and the complainant should approached the consumer commission with a clean hands and clear conscience. In absence of any cogent evidence, the facts of the complaint petition is not sustainable in the eye of law and can not be accepted by this Commission. Thus , the complainant had not established the deficiency in service on the part of the O.Ps. As the O.Ps are not deficient in their service to the complainant, accordingly, the complainant is not entitled for relief.
From the above facts and circumstances, it is our considered view that the complainant will not fall within the definition of the “ consumer’ under the provisions of C.P.Act,1986/ the Consumer Protection Act,2019 where the O.Ps rendered services to the complainant relating to Finance/ Insurance for the purpose of Loan-cum-Hypothecation Agreement of the vehicle Tractor “ Massoy Ferguson “ vide Chasis No.WZTE 304281263 and Engine No.391354SZE02. Therefore, the complaint petition is not maintainable as per the C.P.Act,2019 (Act,1986) and devoid of any merit and as such liable to be dismissed . Hence the order.
O R D E R
Consequently , the present C.C.Case No.50 of 2020 is devoid of any merit and is hereby dismissed. But no order as to cost. The C.C.Case is accordingly disposed of . Pending Interim Application, if any ,also stands disposed of.
Issue extract of the order to the parties concerned .
Judgment pronounced in the Open Commission on this the 15th day of September’ 2023.
