(As per Ajitkumar Jain, Honorable Member )
The Complainant filed this complaint against Opposite Parties for seeking various relief as per prayer clause :-
(1) The Complainant has purchased Tractor- Trolly from O.P. No. 1, by paying D.D. through Adiwasi Vividh Karyakari Sahkari Sanstha, But O.P. No.1 did not give the tractor-trolly by hand to the complainant. Complainant also paid Rs. 55,060/- in cash at various dates to Kajwal purpose. Then O.P. No.1 has supplied only tractor engine and did not supply trolly and O.P. No.1 has not refunded the cost of trolly i.e. Rs.1,20,000/- and amount of Rs.66,500/- total amount Rs.1,84,500/- . Thus, O.P. No.1 and O.P. No.2 has neither supplied the trolly nor refunded the amount. By non-supplying trolly by O.P. No.1 complainant incurred heavy loss and thereby caused mental harassment. Complainant alleged that thus there was deficiency in service on the part of O.P. as per Section 2(9) of the Consumer Protection Act, 1986. O.P. has not replied the notice send by complainant.
(2) Complainant has prayed to direct O.P. No.1 to pay Rs.1,95,000/- to the complainant within one month from the date of order with 18% interest from the date of complaint and declared that O.P. has shown deficiency in service. (Exhibit.1.)
(3) In response to the notice under Section 13 of Consumer Protection Act, 1986, O.P. appeared and filed his reply O.P. No. 1 and 2 has denied all allegations of complainant and submit that the applicant with an ill-moto and with an intention to harass the non-applicant has filed this baseless and false case which is liable to be rejected. O.P. No. 1 and 2 submitted that in the first week of June 2008 the complainant contacted to O.P. No. 1 to purchase the tractor and trolly and other accessories by obtaining bank loan with the aid and assistance of the O.P. No.1 for which he agreed to do so for running his business . O.P. No.1 further submitted that for obtaining the bank loan margine money is required to be deposited and therefore, complainant agreed that he will arrange money from time to time. If full margine amount is not arranged by the complainant then the O.P. No.1 will pay remaining amount of margin money for the complainant for obtaining the loan and same will be repaid by the complainant to O.P. No.1 at the time of taking delivery of the trolly from him. For this one “Kararnama” was executed on 7-6-2008 between complainant and O.P. No.1 . So O.P. No. has delivered the tractor by receiving only Rs.10500/- as advance amount to the purchase of tractor.
(4) The cost of the tractor, trolly cultivatior and Kejwal was worth Rs.4,60,000/- and cost of trolly was Rs.1,20,000/-. As the complainant has arranged only Rs.44,560/- in respect of margin money against Rs.87000/- which was less by Rs.42,440/- there fore remaining amount of Rs.42,440/- was paid by O.P. No. 1 for grant of loan to the complainant . And the said balance amount of Rs.42,440/- was to be paid by the complainant to O.P. No.1 while taking the delivery of trolly as agreed by him.
(5) O.P. No.1 and 2 prayed to dismiss this complaint with compensatory cost in the interest to justice, equity and good conscience. (Exhibit 6).
(6) On verifying all the records and hearing arguments of both the parties only point arise for our consideration whether complainant is entitled for any relief as prayed and our finding is in “negative” due to following reasons:-
REASONS
(7) Complainant and O.P. have entered into an agreement on dated 7-6-2008 on stamp paper of Rs.100/- and it was witnessed by two witnesses Prashant Borikar and Manav Kale. In this agreement complainant agreed to purchase power tractor model XL-434, Nagar Kaj-wheel and trolly Tulsi or Star Sonalica. The cost of the above tractor with Nagar and Kaj-wheel was agreed Rs.4,60,000/- which include Insurance and Registration charges. And by paying Rs.10,500/- only complainant has taken the delivery of tractor, Nagar and Kej wheel. Complainant also agreed that he will purchase trolly after his case was financed by bank within 15 days by paying Rs.1,20,000/-. Complainant also agreed that margin money for bank finance will be paid by O.P. No. 1 and complainant will arrange amount and paid margin money, which was deposited in bank by O.P. No.1 . If there was balance amount, O.P. will be paid to complainant at the time of delivery of trolly.
(08) Complainant failed to explain when he has purchased tractor, trolly etc. by obtaining bank loan, by D.D. of Rs. 5,80,000/- on 3-6-2009 than why he has paid amount in the month of Aguust 2008 i.e. more than 10 months ago. If complainant has made margin money directly to O.P. than he has produced cash receipt of only Rs.55,000/- but failed to produce margin money of total amount and other expenditures. And why complainant has done agreement with O.P. on stamp paper that he will paid remaining amount of margin money at the time of delivery of trolly etc.
(9) This proves that complainant has not come with clean hands before this Forum for redressal of his dispute. Hence we proceed to pass following order:-
ORDER
(1) Complaint is hereby dismissed.
(2) No order as to cost.
