Dated:19.03.2024

Miss Gita Verma (Judicial Member)

Order

1. This appeal is directed against the order dated 10.01.2018 passed by District Consumer Disputes Redressal Forum, Rohtas at Sasaram in Complaint case no. 107 of 2015 whereby it has been held that complainant has proved his case successfully and the O.Ps are liable to pay him the compensation amount claimed. Accordingly, the O.Ps have been ordered to pay Rs. 5,00,000/- to the complainant within two months of the date of order failing which the complainant may realize the same through the process of law. The aforesaid amount included the claim amount, compensation for physical and mental harassment and the cost of litigation also.
2. The case of complainant was that he is a farmer. He was negotiating with the O.P. no. 2 (dealer) for purchasing a tractor in February, 2013. Within a week of that negotiation the aforesaid dealer came to his residence with a financer (O.P. no. 1) and took his signatures on several papers. Those papers were written in English they were not read over to him. He doesn’t know to read English or Hindi. They assured him to deliver the tractor on payment of any amount available with him. The complainant paid Rs. 3,00,000/- to the dealer in the first week of July, 2013. Then both O.Ps asked him to pay Rs. 33,000/- more. He paid that amount also to the dealer. The dealer delivered the tractor to him and told that he would give all the papers to him within a week. He will have to repay the loan amount to financer (O.P. no. 1) in installments of Rs. 12,005/- per month for a period of 36 months only. In this way he repaid the entire loan amount. Thereafter, he approached the O.Ps and demanded all the papers of the tractor. Then they demanded Rs. 1,00,000/- more and threatened him to take back the tractor by force if he didn’t pay that amount. They didn’t give to him papers of the tractor. For that reason he had to stop plying the said tractor on road. It caused substantial financial loss to him. Then he got the paper with him read over by some person and thereby he came to know that the O.Ps had already taken Rs. 80,000/- more than the price of the said tractor. After that he consulted a lawyer who saw his papers and sent legal notices to O.Ps on 07.12.2015. He gave information of it to the local PS also. when the O.Ps did not respond to the notice then he filed complaint before consumer Forum.
3. It appears on going through the impugned order that O.P. no. 1 didn’t appear before the District forum on service of notice. Only O.P. no. 2 appeared and filed a rejoinder. But when the District Forum started hearing any O.P did not appear. So, the case was heard ex-parte. The complainant adduced oral and documentary evidences which were found reliable by the District Forum. So, on that basis, the District Forum passed the impugned order.
4. Heard the learned counsels for both parties and perused the record.
5. The grounds which have been mentioned in the memo of appeal for setting aside the impugned order have been taken for the first time at the appellate stage. Those grounds where available to the O.Ps before the District Forum also but they did not avail of that opportunity inspite of due notice and they even did not take part in the hearing. It has been submitted on behalf of the complainant-respondent that for these reasons those grounds can not be lawfully considered for the first time in this appeal. We are of the view that it has been rightly submitted so on behalf of complainant-respondent. That being the position we do not find any factual or legal error in the impugned order.
6. Accordingly, we affirm the impugned order and dismiss the appeal on contest. The O.Ps are directed to pay Rs. 20,000/- as cost of litigation to the complainant at the appellate stage over and above the amount ordered by the District Forum within a period of one month of this order failing which the complainant may realize the same from them through the process of law.

Md. Shamim Akhtar                                                                                             Gita Verma

(Judicial Member)                                                                                          (Judicial Member)

Md. Fariduzzama