Orissa

Jharsuguda

CC/20/2015

Bui Patel W/O-Gobardhan Patel - Complainant(s)

Versus

Proprietor Managing Director,M/S Kalinga Industries - Opp.Party(s)

S.S.Mohanty

15 Jul 2015

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 20 OF 2015

 

Bui Patel ( 45 Yrs.),

W/O- Gobardhan Patel,

Occu: Cultivation,

R/O: Dalki,  PS/ Dist: Jharsuguda,Odisha…………………………Complainant.

     

                                           

Versus

 

Propritor/ Managing Director,

M/S Kalinga Industries,

Bye- Pass Road, Sarbahal, Jharsuguda,

PO: Sarbahal

PS/ Dist: Jharsuguda, Odisha….………………………....….…...Opp. Party.

 

Counsel for the Parties:-

For the Complainant                                Shri B.B.Barai, Adv. & Associates.

For the Opp. Party                                   None(Ex-Parte).

 

Date of Order: 15.07.2015

 

Present

 

                                                                                     1. Shri S.L.Behera, President.

                                                                                     2. Shri S.K. Ojha, Sr. Member.

                                                                                     3. Smt. A. Nanda, Member.

 

Shri S. L. Behera, President: - The brief facts of the complainant’s case is that, the complainant wanted to purchase a Mahindra Diesel Tractor for which the O.P quoted for Rs.6,62,000/- only which was much more amount than the others. The complainant purchased the said tractor which was financed by Magma Fincorp ltd. where the complainant paid down payment of Rs.3,12,000/- only to the O.P and Rs.3,50,000/- only was finance by the financier with interest @ 10.25% per annum.  The complainant was to pay the loan amount with interest and insurance in 48 nos. of installments for Rs.11,008/- only per month.  After being financed the O.P delivered the tractor with delivery challan but not handed over the sale receipt/ sale letter so also the O.P assured to provide the same after registration of a tractor within a short period.  The complainant also purchased one trolley from the O.P on dtd. 26.03.2014 on cash where sale letter of the trolley is provided to the complainant.  The complainant requested several times to the O.P but the O.P did not take any heed as such the complainant is not able to ply the tractor on road and is regularly paying the monthly installments to the financier.  The complainant incurred expenses of Rs.1,00,000/- for agricultural work in paddy season and Rs.50,000/- penalty to the RTA,Jharsuguda for non-registration of the tractor and trolley.  Alleging unfair trade practice on the part of O.P the complainant filed this case.

 

 

Being noticed to the O.P one learned advocate Sri C.R.Panda on dtd.18.06.2015 filed a memo without any V.Nama  or authorization praying time with undertaking to appear in the next date fixed i.e on dtd.08.07.2015. Petition allowed but he failed to either appear or to file his written version as such stand ex-parte. 

Heard from the complainant and perused the case record along with materials available.

The complainant has purchased Mahindra Tractor with Trolley from the O.P by paying Rs.3,12,000/- only and Rs.1,50,000/- only to the  O.P towards down payment of the tractor and full consideration price of Trolley respectively.  The O.P issued Money Receipt against the trolley but the O.P. not provided the sale letter against the tractor to the complainant.  After being financed the complainant is paying the monthly installments to the financier regularly and not plying the tractor due to lack of sale letter as it is the vital document for registration. Without registration the complainant put in trouble as he is not able to ply the tractor, paying the monthly installments from his own sources and also bearing expenditures of agriculture for which purpose the complainant purchased the tractor. 

Non-providing of sale letter by the O.P after receiving down payment is amounts to clear unfair trade practice and gross negligence adopting by the O.P. 

Hence, we are in considered opinion to allow the complaint of the complainant by directing the O.P to issue sale letter in favour of the complainant and to pay a sum of Rs.500/- ( Rupees five hundred) only per day from the date of delivery challan of the tractor i.e. dtd. 07.03.2014 towards estimated loss beard by the complainant along with pay a sum of Rs.50,000/- ( Rupees fifty thousand) only towards estimated registration charges, harassment, mental agony including litigation cost to the complainant within 30 (thirty) days from the date of receipt of this order, failing which the O.P. shall be liable to pay interest @ 10% per annum till realization.    

            Accordingly the case is disposed of.

Order pronounced in the open court today the 15^th   day of July’ 2015 and copy of this order shall be supplied to the parties as per rule.

                                                     I Agree.                       I Agree,                                                                                               

                                         

                                           S.K.Ojha, Sr.Member        A.Nanda, Member (W)         S. L. Behera President

                                                                              Dictated and corrected by me

 

                                           S. L. Behera, President.