Dated 05.04.2024

As per Sanjay Kumar, President.

O r d e r

1. Present appeal has been preferred by appellant/complainant for setting aside the judgment and order dated 13.05.2016 passed by District Consumer Forum, Jamui in Consumer Complaint case no. 02 of 2006 whereby and whereunder complaint case has been dismissed.
2. Briefly stated the facts of the case as disclosed in complaint petition is that complainant is a farmer and had purchased a tractor from opposite party no. 1 who is authorized dealer of Eicher Tractor for which sale letter duly signed and stamped by opposite party no. 1(dealer) was given to complainant.
3. Loan amount of Rs. 3,25,491/- was provided by opposite party no. 2 (bank) for purchase of tractor and complainant had deposited Rs. 40,000/- as security for loan on 28.06.2005 in his loan account opened in Bank (O.P. no. 2). Price of engine of tractor was Rs. 2,65,000/- and of Rs. 1,00,000/- was paid to O.P. no. 1 for trailer and accessories but same was not delivered to complainant but  was promised to be delivered within 10 days however,  even after much delay it was not delivered to complainant.
4. Complainant thereafter visited bank and saw his loan account  and was shocked to see that total loan sanction was Rs. 2,32,549/- and till 28.06.2005 Rs. 3,25,491/- has been withdrawn and Rs. 40,000/- deposited by complainant has not been entered in ledger. Complainant also gave Rs. 10,000/- in cash to O.P. no. 1 for deposit in his account which was also not mentioned in his loan account. Without delivery of Trailer and accessories payment of Rs. 1,00,000/- was made to O.P. no. 1 by forging signature of complainant. Complainant had also paid Rs. 5,000/- in cash for insurance which was also not done. In absence of documents tractor was lying idol in front of house of complainant.
5. Complainant was assured by O.P. no. 1 and 2 that trailer and accessories will be delivered soon and insurance will also be done but they did nothing. Legal notice dated 07.12.2005 was send to opposite parties but no response was made as such complainant filed consumer complaint case for delivery of accessories or refund of Rs. 1,00,000/- as well as grant of compensation and cost of litigation upon which notices were issued to opposite parties. Inspite of valid service of notice O.P. no. 1 (dealer) did not appear.
6. Opposite party no. 2 (Munger Jamui Co-Operative Bank) in its written statement has stated that complainant is loanee of bank. Complainant had deposited on 05.07.2005 Rs. 60,000/- and Rs. 40,000/- under Luxmi deposit scheme.
7. Bank had sanction loan amount of Rs. 3,25,491/- to the complainant for purchase of tractor on 03.06.2005. Rs. 2,65,491/- was for purchase of engine of Eicher Tractor and Rs. 60,000/- for purchase of trailer and accessories and same was delivered to complainant on 30.06.2005 by O.P. no. 1 which is supported by challan and bill which bears signature of complainant receiving those articles.
8. Complainant has not paid any amount in cash or by cheque and Rs. 3,25,491/- was paid to O.P. no. 1 in terms of quotation provided by O.P. no. 1 which bears signature of complainant also. Only to avoid repayment of loan present Complaint has been filed.
9. The District Consumer Forum after hearing the parties and considering the materials available on record held that a loan of Rs. 3,25,491/- was sanctioned to complainant for purchase of tractor and trailer and other accessories of which Rs. 2,65,491/- was for tractor engine and Rs. 60,000/- for trailer and accessories. From oral and documentary evidence it is established that said article were delivered to complainant on 30.06.2005.
10. Complainant paid loan installment for few months and thereafter left paying installment and when bank initiated recovery proceeding then present case was filed to avoid payment of loan dues. The allegation of withdrawal of Rs. 1,00,000/- from loan account of complainant is also false and baseless and dismissed the complaint case against which present appeal has been preferred by complainant.
11. Heard counsel for the parties and considered their submissions. Perused the impugned order as well as materials available on record and written notes of argument submitted by parties.
12. From materials placed on record it is evident that complainant had applied for loan to O.P. no. 2 (Bank) for purchase of Eicher tractor, trailer and accessories for which he submitted a quotation to O.P. no. 2 (Bank) provided by O.P. no. 1 (dealer of Eicher tractor). Price of tractor engine was quoted as Rs. 2,65,491/- and price of trailer and accessories were quoted as Rs. 60,000/- Total being- Rs. 3,25,491/-.
13. O.P. no. 2 (bank) has produced challan dated 30.06.2005 in the name of complainant and signed by complainant in which he has received the tractor engine along with trailer and accessories as such denial of complainant of having not received trailer and other accessories is belied by this document.
14. Total Rs. 3,25,491/- was paid by O.P. no. 2 (bank) to O.P. no. 1 (dealer) by cheque as quoted by O.P. no. 1 (dealer) in his quotation and thereafter sufficient documentary evidence has been placed on record to establish that complainant received tractor, trailer with other accessories and in token of its acceptance has put his signature.
15. Sanction of loan and procedure followed in providing tractor, trailer and accessories to complainant was done by O.P. no. 2(Bank) in its normal course of business which is duly authenticated and carried out by bank under official process as such is presumed to be correct.
16. For the reasons as stated above this Commission finds that District Consumer Forum while passing the order as impugned has properly and meticulously appreciated the evidence on record and has passed a well considered and reasoned order, as such requires no interference by this Commission in appeal.
17. There is no merit in this appeal and is accordingly, dismissed. 
18. A copy of this order be supplied to both the parties free of cost as mandated by the Consumer Protection Act. Office is directed to send a copy of this order to the District Consumer Commission, Jamui by E-mail forthwith and order to be uploaded on the website of the Commission.
19.    Let the file be consigned in the record room along with copy of this order.

 ( Raj Kumar Pandey)                                           (Ram Prawesh Das)                       (Sanjay Kumar,J)

       Member                                                                Member                                         President

Md. Fariduzzama