Adv.for the complainant-. Sri J.k.sahu & S.K.Paricha
Adv.for the O.P - Sri K.C.Mishra.
Date of filing of the case:- 01.02.2016
Date of order :- 22.02.2017
JUDGMENT.
Sri A.K.Purohit, President
- The case of the complainant is that, believing the words of the OP. No.1 that 50% subsidy is
available on purchase of the tractor, the complainant intends to purchase a new Holland 4710 model tractor and a 1500 model trolley from the OP No.1 and accordingly she paid Rs.2,00,000/- towards down payment on dt. 23.04.2014. But the OP.No.1 did not delivered the tractor and trolley to the complainant and further demanded Rs.1,40,000/- towards 50% price of the tractor. To fulfill this demand the complainant paid the said amount on three installments i.e on dt.13.05.2014,14.08.2014 and on dt.27.12.2014. thereafter the OP No.1 on dt.27.12.2014 delivered the tractor and trolley to the complainant without providing the relevant papers like sale invoice, Sale Certificate, Vehicle delivery receipt, Service Book, Temporary Registration Certificate and insurance papers. The complainant alleges that, instead of providing the subsidy amount the Op. No.1 on dt.01.06.2014 deceitfully took her to OP.2 for executing a loan agreement for a loan amount of Rs.4,50,000/-, without explaining the contents of the agreement. Lastly the complainant on dt.01.01.2016 requested the OP No.1 for delivery of paper , but she was refused to the same. Hence alleging deficiency in service and unfair trade practice, the complainant has preferred this case against the OPs.
2. Although the OP No.1 has appeared, he did not choose to file his written version and has no specific case to contest the case Op No.2 contested the case by filing his written version. According to Op No.2 the complainant has entered into a loan –Cum- hire purchase agreement bearing No.PG/0174/A/13/000006 on dated 01.06.2014 and after observing all formalities the OP2 financed an amount of Rs.4,50,000/- which is repayable in 54 equal monthly installments and hence the Op2 is acting as per the terms and conditions of the loan agreement. The OP2 denied all the allegations of the complainant and claims for dismissal of the case.
3. Heard the complainant Perusd the written version filed by the OP.2 and documentary evidence available on record.
4 The specific case of the complainant is that , she was misrepresented by the OP No.1 and had purchased the tractor and trolley with the hope that she will entitled to 50% subsidy. But the material available on record shows that , the complainant has paid Rs.3,40,000/- on different dates for the price of the tractors and trolley and had entered in to a loan- cum -hire purchase agreement for the rest amount. The tractor and trolley was delivered to the complainant on dt 27.12.2014 and the complainant was repaying the loan amount @ Rs.13,932/- per month but the complainant has not discovered the truth since 27.12.2014 to till 01.01.2016. These evidence available on record, shows that the complainant has not able to prove specifically the allegation of misrepresentation. Therefore it is believed that , the complainant had purchased the tractor and trolley from the OP No.1 with the financial assistance of the Op No.2 under a loan agreement and the complainant is bound by its terms and conditions.
5 The next allegation of the complainant is that, she was not provided with the relevant papers from the OP No.1 by the time of delivery of the tractor and trolley. There is no evidence on record either by way of affidavit or otherwise to show that , the relevant papers were handed over to the complainant by the time of delivery of the tractor. It is the bound down duty of the OP No.1 to supply sale invoice, sale certificate, Vehicle delivery receipt, Temporary registration Number and insurance papers to the complainant . In the absence of the documents the complainant is not able to use the vehicle for her agricultural purpose and is paying the EMI and hence she is sustaining financial loss and is entitled to compensation.
ORDER
The OP No.1 is direct to supply all the documents relating to sale of tractor and trolley to the complainant within one month from the date of receipt of this order. The OP No. 2 is directed not to demand the interest on the loan amount of the complainant from 27.12.2014 till the disposal of this case i.e 22.02.2017. Further both the Ops are directed to pay jointly and severally Rs.10,000/- (Ten Thousand) towards coast and compensation to the complainant within one month from the date of receipt of this order.
Accordingly the case is disposed off.
ORDER PRONOUNCED IN OPEN FORUM THIS THE 22ND DAY OF FEBRUARY’2017.
Sd/- Sd/- Sd/-
(S.Rath) (G.K.Rath) (A.K.Purohit)
MEMBER. MEMBER. PRESIDENT