1) Today has been fixed for necessary order . We have heard the learned counsel of the complainant on the point of admissibility of the complaint as well as perused the complaint petition. It is stated by the complainant that he was favoured with 2 financial accommodations to the tune of Rs.29,00,000/- (Rs.14,50,000/-) each) by the opp.party on 31.07.2018 for purchase of two vehicle (Trucks) on hire purchase for plying as on hire. The complainant had purchased the said vehicles and subsequently the said vehicles were registered as AS-01-KC-0862 & AS-01-KC-0867.
2) The complainant states that the repayment schedule of the loan was provided by the op.party was fixed at Rs.43,000/- as E.M.I. The complainant used to pay the said E.M.I. regularly for the said vehicles , but in the month of August 2019 , the vehicle bearing registration no. AS-01-KC-0862 (Truck) was stolen by some miscreants after killing the driver of the said vehicle. The said vehicle was recovered from Meghalaya .The dead body of the driver was recovered from Methoni T.E. Due to this incident the vehicle was out of service for a period of 2months and the payment of monthly installments lapsed for a couple of months.
3) The complainant stated in his petition that on 14.1.2020 the vehicle bearing registration No. AS-01-KC-0867 which was coming from Arunachal Pradesh towards Nagaon, was detained by some musclemen and snatched away the key of the vehicle from the driver. In a similar manner on 17.1.2020 the vehicle bearing registration No. AS-01-KC-0862 (Truck) while going towards Upper Assam was detained by some persons who are the agents of the opp.party and snatched away the vehicle. The complainant then rushed to the office of the opp.party and prayed for released of the vehicle. The complainant finding no alternative sent a legal notice to the opp.parties . Later on , the complainant came to know that the opp.parties had sold off the vehicle without any intimation.
4) After going through the facts of the case we have found that the complainant purchased the said 2 vehicles on hire purchase. The hire purchase transactions are governed entirely by the terms and condition of the agreement between the parties. There is specific law to cover the above concerned fact of the complainant .
5) The fact as stated above reveals that it was purely a commercial transaction between the parties and does not fall under the consumer protection Act, 2019 and accordingly the case is dismissed .