This is a case under section 12 of Consumer Protection Act, 1986.

Brief facts of the complainant’s case is that, the complainant had booked a Royal Enfield Classic 350 Ash from Pratap Market, Second Mile, Sevoke Road, Siliguri for his personal use and the same had been delivered on 21.03.2016. In this regard, he had made an advance payment of Rs. 52705/- (Rupees Fifty Two Thousand Seven Hundred Five Only) through O.P. No. 1 against the Ex- Showroom price of Rs. 132705/-(Rupees One Lakh Thirty Two Thousand Seven Hundred Five Only). The Royal Enfield Bike was hypothecated, to O.P. NO. 2 Financial Company for Rs. 80,000/- (Rupees Eighty Thousand Only), payable within two(2) years and the monthly E.M.I. had been fixed at Rs. 4193/- (Rupees Four Thousand One Hundred Ninety Three Only). Out of which the complainant had paid one(1) installment of Rs. 4193/- (Rupees Four Thousand One Hundred Ninety Three Only) in cash in advance. The complainant had completed payment of the remaining E.M.I. of Twenty Three (23) months, but the O.P. No. 2 Financial Company charged for extra Two (2) months E.M.I. Still the O.P. No. 2 Financial Company failed to issue no objection certificate for the clearance of loan. On the other hand the complainant received a notice from the Lok Adalat, Siliguri, to settle the payment of the remaining amounts. The Complainant visited the Office of the O.P. No. 2 Financial Company on many occasions and finally the O.P. No. 2 Financial Company agreed to check the Computer Data wherein it was found that the loan had been recorded for Royal Enfield 500 CC Bike, having a value of Rs. 175871/- ( Rupees One Lakh Seventy Five Thousand Eight Hundred Seventy One Only).

The O.P. No. 2 Financial Company assured the complainant for a settlement, but even after a lapse of more than a year, no settlement was done nor no objection certificate was granted. On the other hand, the complainant received another notice, from the Metropolitan Court, Delhi under section 138 of the Negotiable Instruments Act. The complainant thus, filed this case. Hence this case.

The O.P’s. No. 1 & 2 did appear to contest the claim but could not submit their Written Version withing the stipulated period and therefore, case was heard ex-parte against them.

The complainant also failed to appear on numerous occasions and finally the case was taken up for disposal on merits.

The complainant has stated in his complaint that he had deposited as initial payment the sum of Rs. 52705/- (Rupees Fifty Two Thousand Seven Hundred Five Only) against the total ex-showroom price of the Rs. 132705/-(Rupees One Lakh Thirty Two Thousand Seven Hundred Five Only). He had then obtained finance for Rs. 80,000/-(Rupees Eighty Thousand Only) for twenty four (24) months and had also deposited the first installment of Rs. 4193/- (Rupees Four Thousand One Hundred Ninety Three Only) in cash. But his contention, that the O.P. No.2 Financial Company, had been collecting installments against Royal Enfield 500 CC Bike, is not corroborated  by the Annexure-7, that he has relied upon. There is nothing in Annexure-7 to show that the same related to Royal Enfield 500 CC Bike. Moreover, the amount mentioned in Annexure-7, amounting  to Rs. 175871/- ( Rupees One Lakh Seventy Five Thousand Eight Hundred Seventy One Only), pertains to the asset value and not to that of Royal Enfield 500 CC Bike, but to a Bullet Bike. Moreover, his Legal Notice dt. 03.12.2019 Annexure-9, speaks of advance payment of Rs. 62,000/- (Rupees Sixty Two Thousand Only) in addition to Rs. 20,000/- (Rupees Twenty Thousand Only) and further Rs. 10,000/- (Rupees Ten Thousand Only), with the actual price of the Bike being around Rs. 165000/-(Rupees One Lakh Sixty Five Thousand Only), which is inconsistent and contradictory to the claims made by the complainant in the complaint. Moreover, the Annexures also do not support this claim. As a result the instant case is liable to be dismissed.

 It is therefore,

O R D E R E D

That the case be and the same is dismissed on merits, but without costs, considering the facts and circumstances of the case.

Copies of the Judgment be delivered free of cost to both the sides.