DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, BOLANGIR 

Presents:-

                 1     Sri A.K.Purohit, President

                 2     Smt. S.Rath, Member.

                 Dated , Bolangir the  1^st  day of  August’ 2018                                          

                 C.C. No. 16 of 2018

 Sri  Bikram Kumar Behera, S/o- Late Manglu Behera

 Resident- Gaintala,Po/Ps- Puintala, District- Bolangir

                                     -Versue-

 1     Sri Rohit Kumar Patel,

        (Proprietor, New Holland Tractor Show Room/Dealer)

        C/o- Patel Agro, At/Po- Gandhinagarpara, Bolangir

        (Near Patel Nursing Home), Ps/District- Bolangir

2      Branch Manager, Patel Agro

        (New Holland Tractor Show Room/Dealer)

        C/o-Patel Agro, At/Po-Gandhinagarpada, Bolangir

        (Near Patel Nursing Home), Ps/District- Bolangir

        Adv. For the Complainant: - Sri D. Biswal

        Adv. For O.P                         :-    -

        Date  of filing of the Case:- 24.03.2018

        Date of Order                    :- 01.08.2018

 JUDGMENT

Sri A.K.Purohit,  President

  1       The case of the complainant is that, he had purchased a tractor and trolley from the O.P.No. 1  with the financial assistance of L & T Finance Service Balangir for a consideration of Rs. 6,50,000/- on dated 31.7.2017. According to the terms and conditions between the parties the complainant had paid Rs. 3,50,000/- towards down payment  and the rest amount will be paid by the financer. Accordingly after payment of the down payment amount of Rs. 3,50,000/- to the O.P. and after receipt of the rest amount from the financer the tractor and trolley was  delivered to the complainant on dated 31.7.2017. The complainant alleges that at the time of delivery of the said tractor and trolley the O.Ps. have not supplied the registration certificate with R.C.Book, sale certificate , road permit and insurance certificate for which the complainant has not been able to run the tractor on the road and has been sufficiently harassed by the  transport authority and sustain huge loss. Hence the complaint.

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2.          Although the O.Ps. have personally received the notice neither they appears nor have filed their version nor have proceeded with the hearing of the case and hence they have set experte vide order dated 26.7.2018.

3.        Heard the complainant. Perused the complaint petition and the documentary evidence filed by the complainant. In support of his case the complainant has produce the Xerox copy of repayment schedule issued by the financer and vehicle checking report issued by the transport authority. It is seen from the repayment schedule that the complainant was financed by the L & T Financial service a loan amount of Rs. 300,000/- which are to be repaid in 36 equated installments begins from 5^th September 2017. It is also seen from the said schedule that the loan amount was disburse to the supplier. From this evidence it is believed that the complainant had purchased the tractor and trolley with the financial assistance of L & T Financial Service and the loan amount was paid to the supplier, by the financer.

4.            The complainant has admitted that he was supplied with the Tractor and Trolley after payment of the consideration amount without relevant papers. It is argued on behalf of the complainant that, according to the prevalent rules it is the seller who will delivered the vehicle along with registration of the vehicle. It is seen from the vehicle checking report issued by the transport authority on dated 3.11.17 that, the tractor of the complainant has not been registered. Therefore it is believed that the O.Ps. have not proceeded with the registration of the vehicle at the time of delivery.

5.            It is the settled principle of law that  a buyer cannot use the vehicle without getting it registered in his name. In this case the O.Ps. are duty bound to registered the vehicle at the time of delivery. The O.Ps. are also duty bound to handed over all the relevant papers to the complainant by the time of delivery of the tractor, but the material available on record shows that the O.Ps. have not done the same which amounts to unfair trade practice. There is no reasons for the O.Ps. for non supply of documents when they have received all the consideration amount. This practice of the O.Ps. amounts to deficiency in service on their part.

6.           Due to the aforesaid act of the O.P. the complainant is not able to ply the tractor on road and is paying the installment loan amount, and hence the complainant is entitled to compensation

7.         Under the aforesaid material available on record and discussion it is concluded that, the O.P. is under obligation to registered the tractor of the complainant and is duty bound to handed over all the papers relating to the said tractor. Hence ordered:-

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                                                          O R D E R

                    The O.Ps. are directed to registered the tractor of the complainant before the authority and handed over the R.C.Book along with sale certificate, insurance certificate , road permit certificate and pollution certificate to the complainant within one month from the date of receipt of this order. The O.Ps. are further directed to pay Rs.50,000/- (fifty thousand ) to the complainant within the aforesaid period, towards compensation and  cost.

                   Accordingly the case is disposed of.

Pronounced in the Open Forum to-day the 1^st day of August 2018.

                                            Sd/-                                                                          Sd/-

                                          (S .Rath)                                                                   (A.K.Purohit)

                                          MEMBER                                                                   PRESIDENT