DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 89 OF 2016

Eswar Rohidas (46 Yrs.),

S/O- Lambodhar Rohidas,

RO: Charpali- Barpali, PS: Banharpali, 

Dist: Jharsuguda,Odisha………………………………..………………Complainant.

Versus

1. Bhajamana Biswal,

Propritor of M/S. Maa Lobhavati Motors,

At: BTM, Main Road, PO: Ekatali,

PS/Dist: Jharsuguda, Odisha

2. Branch Manager,

UCO Bank, Belpahar Branch,

Near Railway station,PO/PS: Belpahar,

Dist: Jharsuguda, Odisha..………………...………………………..Opp. Parties

Counsel for the Parties:-

For the Complainant                                 M.K.Kalo, Adv..

For the Opp. Party No.1                          None(Ex-Parte).

For the Opp. Party No.2                          Abdul Zalil,, Adv. & Associates.

Present:- Shri Sundarlal Behera, President, Smt. Anamika Nanda, Member.

Order dated 03.10.2017, Shri Sundarlal Behera, President :-

The brief facts of the complaint case is that the complainant is a farmer and for cultivation purpose he was interested to purchase a Tractor on loan as convinced by the O.P.No.1.   The price of the tractor was Rs.6,35,000/- only where the complainant has paid entire amount to O.P.No.1. The loan amount was sanctioned in favour of the complainant and the same was disbursed and was transferred to O.P. No.1 by financier i.e. O.P.No.2 but the O.P.No.1 did not delivered the Tractor and trolley to the complainant. After several request by the complainant, the O.P.No.1 did not turn up. The complainant deposited Rs.6,35,000/- only to the O.P.No.1  but the O.P.No.1  did not delivered the said Tractor  and trolley to the complainant till date even after several requests, hence this case.  

2.         On being noticed, the O.Ps. appeared through their learned advocate but did not choose to filed written version. Hence, both the parties are declared as ex-parte.                                                                                               

3.         Heard from the complainant and carefully gone through the case record. The complainant filed Xerox copy of his Pass Book of UCO Bank, Belpahar and Account statement. On perusal of the record it  reveals that the O.P.No.1 has taken the loan amount from the complainant which was financed in favour of complainant but even after taking the loan amount the O.P.No.1 did not deliver the said  Tractor and Trolley to the complainant which is gross deficiency in service on the part of O.P.No.1. We do not found any deficient in service on the part of O.P.No.2.

            Hence, we are in considered opinion to allow the complaint petition directing the O.P.No.1 to delivered the Sonalika Tractor having Model No. DI-740 or to refund  Rs.6,35,000/-(Rupees six lakh thirty five thousand) only along with interest @ 13.75% per annum to the complainant. Further  O.P.No.1 is hereby directed to pay a sum of Rs.50,000/- ( Rupees fifty thousand) only  towards compensation of  harassment, mental agony including litigation costs within 45 (forty five) days from the date of receipt of this order, failing which interest @ 10% per annum will be charged on compensation amounts till realisation.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 03^rd   day of October’ 2017. Free copy of this order shall be supplied to the parties as per rule. 

          I Agree.                                                                                                

A.Nanda, Member                                                                 S. L. Behera President                         

Dictated and corrected by me

   S. L. Behera President.