DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 18 OF 2015
Ramesh Pradhan (50 Yrs.),
S/O- Late Jagannath Pradhan,
RO: Kantatikra,
PO: Tilia, PS: Banharpali,
Dist: Jharsuguda,Odisha………………………………..………………Complainant.
Versus
Bhajamana Biswal,
Propritor of M/S. Maa Lobhavati Motors,
At: B.T.M, Main Road, PO: Ekatali,
PS/Dist: Jharsuguda, Odisha.………………...………………………..Opp. Party
Counsel for the Parties:-
For the Complainant Abdul Zalil, Adv..
For the Opp. Party Shri P.K.Nayak, Adv. Associates.
Date of Order: 27.04.2015
Present
1. Shri S.L.Behera, President.
2. Smt. A. Nanda, Sr.Member.
Shri S.L. 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 Power Tiller Machine on loan as convinced by the O.P. The price of the power tiller was Rs.75,000/- only where the complainant has paid Rs.25,000/- only to the financier on dtd. 22.06.2013. The loan amount was sanctioned in favour of the complainant and the same was disbursed on dtd.26.06.2013 and on dtd. 05.07.2013 an amount of Rs.89,650/- only was transferred to O.P by the financier but the O.P did not delivered the Power Tiller Machine to the complainant. After several request by the complainant, the O.P again suggested to the complainant to take a Mini Tractor in exchange of Power Tiller Machine and the complainant was agreed. Afresh application was furnished for financing for Mini Trator the complainant was asked to deposit Rs.1,00,000/- only as farmers share (down payment). The complainant complied the same with two numbers of cheque bearing No. 405861 and 405862 of his son Kedar Pradhan of State Bank of India, Bandhbahal Branch due to non having any bank account in his name. After due enquiry the complainant came to know that the previous loan of Power Tiller Machine was cleared by the financier and he need to deposit Rs.1,00,000/- only for Mini Tractor. On dtd. 26.09.2013 the loan of Mini Tractor was sanctioned and an amount of Rs.4,80,000/- only in favour of the complainant i.e. Rs.5,80,000/- in total . The complainant deposited Rs.5,70,000/- only on dtd. 26.09.2013 to the O.P but the O.P did not delivered the said Mini Tractor to the complainant till date even after several requests, hence this case.
2. On being noticed, the O.P. appeared through his learned advocate and filed written version. The submitted that he has never received Rs.1,00,000/- only from the complainant and the said two numbers of cheque of the complainant’s son. The O.P denied all the allegations of the complainant and prayed for dismissal of the case.
3. We have heard the learned counsels for the parties and have carefully gone through the case record. The complainant filed Xerox copy of his Pass Book of UCO Bank, Belpahar and acknowledgement receipt of Rs.29,000/- only mentioned in the name of O.P. One agreement/ compromise petition made before IIC, Banharpali Police Station, a News Paper cutting along with Xerox copy ROR. As per the Bank Pass Book Rs.5,80,000/- was received by the complainant and Rs.5,70,000/- only was withdrawn from the complainant’s Bank account on dtd. 26.09.2013.
As per the compromise petition/agreement executed between both the parties before the IIC, Banharpali police station and Bank Pass Book statement so also news paper cutting it is revealed that the O.P 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 did not deliver the said Mini Tractor to the complainant which is bad in the eye of law.
Hence, we are in considered opinion to allow the complaint petition directing the O.P to repay the loan amount of Rs.5,70,000/- ( Rupees five lakh seventy thousand) only to the complainant. Further the O.P is hereby directed to pay a sum of Rs.1,00,000/- ( Rupees one lakh) only towards compensation of harassment, mental agony and costs of the case within 45 ( forty five) days from the date of receipt of this order, failing which interest @ 10% per annum will be charged on the above mentioned amounts till realisation.
Accordingly the case is disposed of.
Order pronounced in the open court today the 27th day of April’ 2015 and copy of this order shall be supplied to the parties as per rule.
I Agree.
A.Nanda, Sr.Member S. L. Behera President
Dictated and corrected by me
S. L. Behera President.
