1.Alleging deficiency of service the complainant filed this case against the O.P for a direction to make payment of his agreement amount along with compensation.

2.The case of the complainant is that he is the owner   and possession of tractor bearing Regd. No.OD-15-J-7469  .The said tractor has been financed   and the entire loan amount  has not been liquidated. The complainant wanted to sale the said tractor and trailer as he is not able to look after the   affairs being a Government servant. The O.P. interested to purchase the said tractor and trailer but he was is not in a position to pay the entire amount .As the O.P could not pay the entire amount at a time he entered into an agreement on dtd. 21.12.2017 for a consideration of Rs.2, 00,000/- for the said tractor and trailer.The O.P. undertakes to pay Rs.1, 00,000/- within February and the rest balance amount Rs.1, 00,000/- will pay  by 30^thMay in three installments. The O.P further undertakes to pay the balance loan amount in monthly installment of Rs.20, 000/- in every month. The O.P. further undertakes to maintain the said tractor and trailer properly and after liquidation of the loan amount the complainant will transfer the ownership in favour of him.After the completion of the agreement the complainant will handover the tractor and trailer to the O.P on the date of agreement. But the O.P. violated the terms and condition   as per their agreement and could not make payment to the financing Authority. As such the complainant approached the O.P. on several occasion for  carry out the terms and condition of the agreement. The complainant also make payment of the agreement amount but sent a letter on 13.3.2018to even if the O.P received the letter remained silent. Due to non-payment of the consideration amount and monthly installment as per the agreement the complainant sustained mental injury which forced him to file this case against the O.P. for a direction to make payment of his agreement amount alongwith compensation.

3. After being noticed to the OP. although received the same but did not appear in this case and at last became set ex-parte.

4.Thecomplainant filed the Xerox copy of the   sale agreement,dtd. 21.12.2017 and also the Xerox copy of the letter which was given to the O.P and also reading ownership of the vehicle.

5. During the course of hearing the complainant has given much stress upon the agreement wherein the O.P. has signed before the Notary public, Boudh alongwith witnesses.Perused the same agreement   wherein the O.P. agreed to pay the said tractor and trailer for a consideration ofRs.2,00,000/- and also undertakes to pay Rs.1,00,000/-within February and the balance amount for Rs.1, 00,000/- will pay  three installments within 31^st May. Further the O.P. agreed to pay Rs.20,000/-  as monthly installment to the complainant on the 10^th of every month. Though noticed has been send by RP.Post to the O.P. he did not appear in this case and became set exparte.

6.Thepoint for determination whether the complainant is a consumer against the O.P. and whether the O.P. caused deficiency of service and unfair trade practice against the complainant.

7.The agreement shows that the complainant and the O.P. entered into an agreement on before the Notary public Boudh and the same has ben duly signed by the Notary public alongwith the two witnesses.As such the complainant is a consumer against the O.P. and the O.P. violated the terms and condition as per the said agreement which forced the complainant to file this case against him.Even if noticed has been sent through Regd. post by this court the O.P could not come and did not resist anything against  the allegation made by the complainant.  This shows that the O.P. caused deficiency of service and unfair trade practice against the complainant.

8. Taking into consideration of the case of the complainant and documents filed by him we allow the case of the complainant in apart and direct the O.P. to pay Rs.2, 00,000/-(Rupees two lakh) only alongwith monthly installment of Rs.20, 000/-(Rupees twenty thousand) on to the complainant within one month form the date of this order, failing which the complainant is at liberty to take steps against the O.P. for realization of awarded amount. This case is disposed of accordingly.

Order pronounced in the open court under the seal and signature of the forum this the 1^stday of August, 2018.