C.C. No.345/2022
Santosh Swain,
S/o. Pratap Swain,
Vill.- Bairakh,
P.O.- Marichipur,
P.S.- Bandar Marine,
Dist.- Jagatsinghpur.……… Complainant
- M/s. Sai Motors,
At- Markandpur,
P.O./P.S./Dist.- Jagatsinghpur,
Represented through its Proprietor.
- The Branch Manager,
L&T Finance Ltd.
At/P.O./P.S./Dist.- Jagatsinghpur.
- L&T Finance Ltd.
Having its Corporate Office
At- 3B, Laxmi Towers, C-25, G Block,
Bandra Kurla Complex, Bandra (E),
Mumbai- 400051,
Represented through its
Managing Director. …..… Opposite parties
For Complainant………..Mr. C.R. Pradhan & Associates
O.P. No.1……….Ex-parte
For O.P. No.2 & 3………..Mr. N.C. Dash & Associates
Date of Hearing: 02.5.2024 Date of Judgment: 24.5.2024 |
ORDER BY HON’BLE MEMBER- MRS. M. SWAIN:
JUDGMENT
Complainant has filed the consumer complaint U/s.35 of Consumer Protection Act, 2019 seeking following reliefs;
“Direct the opposite parties to supply the original invoices, copy of loan agreement and repayment schedule, Regd. Certificate of the financed tractor and insurance papers, waive out delay payment charges/interest for the period from the date of finance till date and refund the amount deposited Rs.4,38,520/- pay compensation Rs.50,000/- towards mental agony and Rs.10,000/- towards cost of litigation.”
Brief fact of the case is that, complainant purchased one Tractor both for agriculture and for livelihood through finance from the L&T finance company who are opposite parties No.2 & 3. After receipt of Rs.2,18,500/- as down payment the Sai Motors dealer of the company who is opposite party No.1 handed over the Tractor MF 7250 power up Model Tractor bearing engine No.SJ327805472 and Chassis No.MEAC8FDDCM2352249 and assured him to get it registered but after one year the opposite party No.1 neither registered the vehicle nor given the R.C. Book and insurance papers. Opposite party No.1 had told to the complainant at the time of availing loan that cost of the tractor is Rs.7,50,000/- but after mail communication of opposite parties No.2 & 3 complainant came to know that the loan of tractor became Rs.8,80,000/-.
After one and half year of purchase of the tractor the opposite party No.1 was not registered the tractor and opposite parties No.2 & 3 has taken Rs.31,055/- more amount from the complainant which is misappropriated by the opposite parties No.2 & 3 which amount to deficiency in service on their parts. Hence this complaint.
Notice was issued to opposite parties. The opposite party No.1 neither appeared nor send any written version to this Commission, hence the opposite party No.1 is set ex-parte vide order No.18 dtd.07.3.2023.
The opposite parties No.2 & 3 submitted their written version in which it states that, the complainant received his Tractor MF 7250 Power Up bearing Regd. No.OD-21-M-5460 from the opposite party No.1 along with other necessary documents like insurance and loan agreement copy which was supplied to the complainant by the agent of opposite parties No.2 & 3. According to the complainant the loan amount was Rs.6,03,997/- but the disbursement amount is Rs.5,72,942/- and the details of the differential amount i.e. Rs.31,055/- is not disclosed to the complainant, whereas the quotation which was provided to the complainant clearly shows in page No.9 that the breakup of differential i.e. Rs.31,055/- amount is mentioned as processing fee Rs.6,040/-, Insurance Rs.18,997/-, CLI- Rs.6,018, sum total of the breakup amount is Rs.31,055/-. So there is no deficiency in service on the part of opposite parties No.2 & 3.
From this it is clear that the case vehicle is registered with Regd. No.OD-21-M-5460 as submitted by opposite parties No.2 & 3. The differential amount of Rs.31,055/- breakup is processing fee Rs.6,040/- Insurance Rs.18,997/-, CLI Rs.6,018/- the prayer of the complainant are all fulfilled rather complainant has not paid any EMI since 500 days i.e. Rs.2,78,666/- pending installments on complainant as on 06.3.2024. As per Motor Vehicle Act it is the sole responsible of authorized dealer for registration of the vehicle since the opposite party No.1 (authorized dealer) set ex-parte it is not known the exact date when the vehicle is registered.
From the above circumstances it is ordered that, the opposite party No.1 shall pay Rs.10,000/- as compensation for mental agony to the complainant, if the vehicle is not registered within the specified time as per Section 41 of Motor Vehicle Act.
“Sec. 41- Registration, how to be made.-(1)An application by or on behalf of the owner of a motor vehicle for registration shall be in such form and shall be accompanied by such documents, particulars and information and shall be made within such period as may be prescribed by the Central Government.
Provided that where a motor vehicle is jointly owned by more persons than one, the application shall be made by one of them on behalf of all the owners and such applicant shall be deemed to be the owner of the motor vehicle for the purposes of this Act.
(Provided further that in the case of a new motor vehicle, the application for registration in the State shall be made by the dealer of such motor vehicle, if the new motor vehicle is being registered in the same State in which the dealer is situated).”
The complainant shall pay his regular EMI to the opposite parties No.2 & 3 Finance Company along with pending EMIs. With this observation and direction the consumer complaint is disposed of.
Pronounced in the open Commission on this 24th May,2024.
In the complaint petition it is stated that on 14.02.2024 the opposite parties by help of anti social goons have forcefully taken away the case vehicle at about 12.30 P.M. when the vehicle was an its way to paddy mandi at Marichipur, but complainant has not filed any document regarding repossession of vehicle rather the opposite parties submit in their objection and stated that the vehicle in question is hypothecation under the opposite parties and complainant is the willful defaulter and the vehicle in question never repossessed by the opposite parties.
As there is not any document regarding repossession of the vehicle, there is no question of Execution Application.
So E.A. is disposed off.
