Heard learned counsel for the appellant. None appears for the respondent.

2.      Here is an appeal filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.

3.   Learned counsel for the appellant submitted that the complainant has purchased a tractor being financed by OP No.1 of Rs. 4,80,000/- on 4.2.2016. After the loan amount was sanctioned, the complainant alleged inter alia that while granting the loan, he was also entitled to subsidy of Rs.1,00,000/-. Although the vehicle was handed over, the complainant was not paid the subsidy amount. On the other hand, on 18.8.2017 OP No.1 demanded Rs.60,750/- from the complainant. Alleging about non-payment of subsidy as a part of deficiency of service, the complaint was filed by the complainant.

4.      Learned counsel for the appellant submitted that the OP filed written version admitting about sanction of loan of Rs.4,80,000/- on the condition for payment of loan amount in 46 instalments. It was also agreed that in the event of default of payment of loan amount, the vehicle would be repossessed.

5.      OP No.3 the dealer alleged that due to non-payment of some amount the document of registration was not handed over to the complainant.

6.      Learned District Forum after hearing both sides passed the following impugned order:-

                    “xxx   xxx   xxx

In the result, the complaint be and the same is allowed against the OPs with cost and compensation. The OP No. 3 is directed to pay the interest accrued on loan during the period from 18.02.2016 to 07.04.2017 to OP No. 1, 2 & 5 along with subsidy amount of Rs.1,00,000/- to be credited to the loan account of the complainant and the financing authority that is OP No. 2 & 5 are also directed to exempt the interest and other cost imposed/levied on the compliant for the said period. OP No.3 is also directed to pay compensation of Rs.10,000/- and cost of litigation of Rs.3,000/- to the complainant along with the interest charges. OP No.1, 2 & 5 are also directed to pay compensation of Rs.10,000/- to the complainant in addition to exemption of interest and other cost. OP No.4 is directed to return back two numbers of blank signed cheques to the compliant immediately soon after receipt of the order. This order must be complied the OPs within a period of 30 days from the date of the receipt of the order.”

7.      Learned counsel for the appellants/OP Nos.1, 2 and 5   submitted that there is no order against them specifically but the learned District Forum only directed to grant subsidy of Rs.1,00,000/- and credited to the loan account of the complainant. This order is illegal because the consumer complaint for the sake of deduction of subsidy amount not maintainable. He submitted that learned District Forum without understanding the concept of subsidy amount has directed to credit it to the loan account of the complainant. So, he submitted to set aside the impugned order by allowing the appeal.

8.      Considered the submission of learned counsel for   the appellants and perused the DFR including the impugned order.

9.      It is admitted fact that the complainant has purchased the tractor having incurred loan from OP No.1 with condition to repay in 46 instalments. It was not in dispute that the agreement was made between the parties but the agreement did not show to grant or adjust any subsidy. Apart from this, the subsidy amount cannot be taken as right of the complainant in lieu of consideration as paid by him. It is well settled that subsidy amount is only paid as incentive to promote the business. Therefore, the impugned order for directing Rs.1,00,000/- to  credit  the loan account of the complainant is not legal and proper. Non-payment of the subsidy amount cannot be taken as deficiency of service on the part of the OP. Therefore, the direction in the impugned order for payment or adjust the subsidy amount against the loan amount is hereby set aside by allowing the appeal. So far payment of compensation and cost being ancillary to the earlier relief is also equally set aside. So the impugned order against OP No.1, 2 and 5 is set aside but rest part of the impugned order against other OPs remains unaltered as they have not filed appeal.

         Appeal is disposed of accordingly.

         DFR be sent back forthwith.

          Statutory amount deposited be refunded to the appellant with interest accrued thereon, if any on proper identification.

          Supply free copy of this order to the respective parties.