The present dispute arises out of the complaint petition filed by the above named complainant  alleging deficiency in service  against the afore said O.Ps  and direct the  O.Ps 1 & 2  to transfer the TATA-709 bearing Regd. No.OR-08-A-3343 in favour of the  O.P. No.3  and  settle  the vehicle account  as per the terms  of the agreement and the complainant shall  be set free  from all liabilities arising out of the loan agreement.

1.         On being noticed the O.P. No.1 & 2 filed  written version  jointly  through their learned  counsel  and submitted  that  the  complaint petition is not otherwise maintainabale before the forum  and  this is not a consumer dispute rather  it is a civil dispute.   That no agreement for sale or transfer of a hypothecated vehicle is valid till the last pie of the loan is repaid to the financer. No person in the authority  of O.P. No. 1 & 2 can accept any such transfer  without the loan paid fully. The complainant  has committed latches not paying the instalments in time.  As against  the total loan amount of  Rs.1,79,719/- he has paid only Rs.30,966/-. By now the due accumulated to Rs.3,85,958/-.   The O.Ps. No. 1  & 2 prayed the forum to dismiss the complaint petition against the O.Ps. No.1 & 2

2.        The notice sent to the  O.P. No.3 by  Regd. Post  and received the same as revealed from the statement  of the postal department. Hence the service is sufficient.  So  the O.P. No.3 set expartee.

The learned  counsel for the O.P No.1 & 2   appeared and filed their written version.  Arguments from the  learned counsel for  the O.P No.1  & 2   heard.  During the course of hearing the complainant was absent on repeated   call.    Perused the record, documents, filed by the parties. 

The  learned counsel  for the O.P. No.1 & 2  vehemently advanced arguments touching the points both on the facts  as well as on  law.

         FINDINGS.

            On the basis of the pleadings of the parties, the sole question of determination is  Whether  the complainant is entitled  relief    made by him ?

On perusal of the documents it is revealed that despite several adjournments taken  by the complainant for the purpose of filing relevant papers, the complainant failed to produce any documents in support of his claim.  When material  facts  pleaded by the complainant in support of his claim have been denied by the  O.P. No.1 & 2  the complainant is duty bound   to substantiate his claim by producing relevant documents there for, but he has failed to do so.  On the basis of mere pleadings of the complainant, which is no evidence, no positive finding can be recorded in regard to his claim. Hence, we are constrained to hold that the petition made by the complainant vis-à-vis  non satisfaction of his relief  is  devoid of any merit.

Hence to  meet the ends of justice, the following order is passed.

                                                ORDER.

            In  view  of  our above observation, finding, evidence on record it is concluded that the  complainant miserably  failed to establish his claim before the forum  and hence  the petition is dismissed against the O.Ps.  Parties are left bear their own cost.

Dictated and corrected by me

Pronounced on this     29th. Day  of  January,  2016.

Member.                                             Member.                              President

Documents relied upon:-

By the complainant.

1.Xerox copies of the  Affidavit before the Notary public.

2. Xerox copies of the  Statement accounts.

.

By the O.P:-

Nil.

                                                                                                                                President.