Date of filing:- 08/02/2012

Date of Order:- 22/02/2016

DISTRICT CONSUMER DISPUTES REDRESSAL FOURM (COURT)

B A R G A R H.

Consumer Complaint No. 08 of 2012.

1. Chinmaya Nayak, Age 32(thirty two) years, son of Seshadev Nayak.

2. Sheshadev Nayak, age 72(seventy two) years, son of Late Dingara Nayak, both are resident of Village-Nuapali, P.o. Kansingha, P.s. Padampur, Dist. Bargarh.

..... ..... ..... Complainant.

• V e r s u s -

1. M/s Maa Samalai Motors, N.H.201, Ekamra Chowk, Bargarh-768028 (Orissa).

2. Utkal Gramya Bank, Ghess Branch, Po. Ghess, Ps. Melchhamunda, Dist. Bargarh.

3. Preet Tractors Private Ltd., Post Box No. 28, Patiala Road Nava-14201, Punjab, India. ..... ..... ..... Opposite Parties.

Counsel for the Parties:-

For the Complainant :- Sri S.P. Mahapatra Advocate with others Advocates.

For the Opposite Party No.1(one) :- Ex-parte.

For the Opposite Party No.2(two):- Sri A.K. Dash (A), Advocate.

For the Opposite Party No.3(three):- Ex-parte.

-: P R E S E N T :-

Mrs Anjali Behera .... ..... ..... ..... M e m b e r.(w), I/c President.

Sri Pradeep Kumar Dash ..... ..... ..... ..... M e m b e r.

Dt.22/02/2016. -: J U D G E M E N T:-

President by Smt. A.Behera, Member, I/c President.

Brief Facts :- Complainants filed this case against the designated Opposite Parties alleging deficiency of service in relation to the purchase/financing of a tractor by the Opposite Party No.2(two) to Complainant(s).

Allegation of the Complainant(s) is that at the time of financing his tractor model 3549, Chassis No. 09053502087, Insurance Policy No. 335-01635. Opposite Party No.1(one) who is the dealer of the same tractor gave delivery of the tractor only after accepting Rs.30,000/-(Rupees thirty thousand) only for to prepare the documents like Registration, Fitness, Insurance etc. and lacking all those papers Complainants were unable to ply the tractor and earn his livelihood or money so they were unable to repay the loan amounts. Complainant(s) also tried to contact the Opposite Party No.1(one) to get the papers several times but in vein.

Complainant(s) pray to direct the Opposite Parties to give the required documents to use the tractor and also direct the Opposite Party No.2(two) not to charge any interest till Complainant(s) get the required certificates or realise the same from Opposite Party No.1(one) he being responsible for the act and not to take any coercive action against the Complainant(s).

Complainant(s)s filed and relied on the following documents to establish their cause.

1. Xerox Copy of UGB, Agricultural loan pass book for account NTG /169.

2. Xerox Copy of letter to Dealer, Preet Tractors Dt.10/11/2011.

3. Xerox Copy of Challan Dt. 06/08/2007 about purchase of the tractor from Maa Samlai Motors.

    

Upon admission for adjudication Opposite Parties were got noticed along with the copy of Complaint petition to appear before the Forum and submit their answers regarding the allegations. However Opposite Party No.1(one) and No.3(three) did not turned up and finally set ex-parte on Dt. 06/08/2014. Opposite Party No.2(two) appeared and filed its version on Dt. 09/12/2013 denying charges against him and prayed dismissal of the Complaint against him.

Heard the matter on Dt. 23/09/2015 where in parties (Present) submitted their respective contentions in great details referring their filed documents. After hearing carefully the submission, perusing the petitions, documents attached to the case record Forums view is as following.

1. Purchase/finance of the tractor in issue was non disputed and affirmed by parties and further proved by documents.

2. The copy of the pass book provided gives information about the financing of the tractor in 2007 and only after two years deposits of Rs. 25,000/-(Rupees twenty five thousand)only made to the loan account. Now the contention that Complainant(s) waited for that much time for papers is not understood as they filed this Complaint on Dt. 08/02/2012 and why this delay is not understandable. He could have filed this case much earlier if faced hurdles.

3. Complainant alleges that Opposite Party No.1(one) took Rs.30,000/-(Rupees thirty thousand )only from him to do the paper work like registration, obtaining of fitness certificate and Insurance on behalf of the Complainant but no document pertaining to this payment is available with the case record. In absence of Opposite Party No.1(one) no one is available to answer this question and Forum presumes that it has happened as no sales letter is filed so it seems that the delivery only was given to the Complainant and hence he could not have been able to do the papers works in absence of the sales letter/invoice of the purchase of the tractor and this is serious deficiency of service on the part of Opposite Party No.1(one) not giving the sales letter at the time of deliver of the tractor.

4. On Dt.30/08/2013 while the case was pending Opposite Party No.2(two) to realize the financed amount sent a seizure notice as brought to the notice of the Forum and an interim order passed against the petition of the Complainant. It seems from the seizure notice that an amount of Rs.11,31,060/-(Rupees eleven lakh thirty one thousand sixty)only is the accumulated out standing pending against the Complainant on the principal amount that is Rs.4,95,000/-(Rupees four lakh ninety five thousand)only. Which seems to be an outcome of carelessness and service deficiency on the part of Opposite Party No.1(one).

5. Opposite Party No.2(two) is justified in realizing his loan amount but why he became silent for six years or more without approaching the Complainants for recovery of the loan also puts a question mark on the intentions of financing institution as it has become a common phenomenon of financing institution keeping mum for few first years and setting accumulating the finance amount including the addition of interest and interest on the interest which creates problems additionally. They could also take part in the recovery process from the beginning so this kind of problems could be eliminated.

6. Another issue about this transaction is susceptible is that why complainant waited this much time without papers and neither took steps to repay the installments in time nor to get the papers from Opposite Party No.1(one) and No.2(two) or filed a Complaint earlier.

7. Opposite Party No.3(three) has nothing to do with the Complaint as there is no service problem and performance of the tractor.

Under the circumstances Forum orders the following.

O R D E R

1. Opposite Party No.3(three) is exonerated from the charges as there is no defect with the product lies but they are directed to have some check on the roles played at ground level and insist and force their dealers to act fair and complete the sales procedure at the time of purchase/sales so consumers do not face hurdles.

2. Opposite Party No.1(one) is directed to hand over the sales paper of purchase of tractor Dt.06/08/2007 Model 3549, Chassis No.09053502087 and Engine No. P 335-01635 and will do the need full to Complete the registration procedure and hand over the Registration Certificate, Fitness certificate, Insurance papers within two months of this order without demanding further money for this purpose from this Complainants or would provide the sales letter and other purchase related papers insurance papers to the Complainant within thirty days along with Rs.50,000/-(Rupees fifty thousand)only and Complainant will prepare the RTO registration etc. himself using the purchase papers.

3. Opposite Party No.2(two) can realize the loan as following order.

   Opposite Party No.2(two) will calculate the outstanding amount for the last date of completion of two months of this order and to inform the Complainants and Opposite Party No.1(one) and will collect 50% of the amount each from Opposite Party No.1(one) and Complainants. After completion of two months of Order, Opposite Party No.2(two) will start collecting the 50% of amount calculated from Complainants and collect the other 50% from Opposite Party No.1(one) making such arrangement in the loan account so the amount outstanding happens to be 50% of total out standing till date will be sum outstanding on Ist day after completion of two months of this Order.

4. Opposite Party No.1(one) further will pay Rs.25,000/-(Rupees twenty five thousand)only as compensation to the Complainants within two months of the order which includes litigation expenses, failing which he will pay @ 12% interest per annum till the final realization of compensation amount only till final realization.

Disposed accordingly.

Typed to my dictation

and corrected by me.

Sd/-

( Smt. Anjali Behera)

M e m b e r,I/c President

I agree,

Sd/-

(Sri Pradeep Kumar Dash)

M e m b e r