The case is filed by the Complainant against the O.Ps, where O.P No.1 is Branch Manager, Allahabad Bank, Mathani Branch, Balasore and O.P No.2 is the Proprietor, National Motors, Januganj Golei, Balasore.

                 Factual matrix of the dispute is that the Petitioner is a poor farmer having cultivated land and a Customer in O.P No.1-Bank vide S.B Account bearing No.50144077364. Being advised and insisted by O.P No.1, the Complainant directed to take finance for one tractor from O.P No.1 through Agriculture subsidy scheme. Accordingly, the O.P No.1 financed one Tractor with trailer through Agricultural subsidy scheme in favour of the Complainant. A sum of Rs.1,60,000/- (Rupees One lakh sixty thousand) only was transferred from above said S.B Account of the Complainant towards margin money and paid to O.P No.2. The O.P No.1 handed over one Sonakika DI-745111 Tractor with trailer to the Complainant after few months as per demand by the Complainant. The said Tractor was an unregistered vehicle and without Insurance. The Complainant requested the O.P No.1 to hand over the proper sale bill and money receipt for registration, but the O.P No.1 turned deaf ear to it. Rather the O.P No.1 handed over one Xerox copy of Bill and money receipt to the Complainant having no Sl. No. or date etc., which seems to be a forged one. The Complainant has never moved the vehicle due to non-registration of the same. The Complainant lastly served a legal notice through an Advocate on 08.09.2014 by Regd. Post with AD requesting to O.P No.1, to return margin money and to close the loan account. The said notice is already received by O.P No.1, but has not complied anything. The Complainant has already paid an amount of Rs.22,000/- towards an installment against the Tractor loan on 24.03.2014.

                 Prayer for return of Rs.1,60,000/- debited for margin money with interest, Rs.22,000/-  for the installment paid and compensation. Further, prayer for to close the loan account without charging the interest thereon.

                 None of the O.Ps either presented personally or represented through their Advocates in the case. The O.Ps are set ex-parte on 10.06.2015.

                 On perusal of the documents placed on record, it is noticed that:-

1. The Complainant is a poor farmer having cultivated land, but the extent of agricultural land holding by the Complainant is not filed by him, in order to determine the eligibility to purchase a Tractor through Agriculture subsidy scheme.

2. Copy of the documents relating to avail finance for a Tractor through Agriculture subsidy scheme either from any other Agencies like District Agriculture Officer/ DRDA or any other concern is not filed to ascertain, where the said Tractor loan was considered/ recommended by any Agency through the said scheme.

3. Tractor loan through Agriculture subsidy scheme sponsored by the concerned Agencies is sent to the financial Institutions such as Bank etc. for sanction/ rejection of the loan at their end.

4. The Complainant on being advised and insisted by the O.P No.1 desired to take finance for one Tractor from O.P No.1-Bank is not convinced in the instant case.

5. The Complainant has not filed copy of Quotation of Tractor from the Dealer to be purchased out of Bank finance, copy of sanction letter given by O.P No.1 to the Complainant, copy of Take delivery letter issued by the Dealer to the Complainant in support of "Tractor received in good condition" along with his complaint in the instant case.

6. Undated money receipt vide No.105 for Rs.7,40,000/- (Rupees Seven lakh forty thousand) only and undated retail invoice for Rs. 7,40,000/- issued by the O.P No.2, out of which one in favour of O.P No.1 and the other in favour of the Complainant filed by the Complainant along with the complaint petition, don't signify any resemblance of the date of sale of Tractor by O.P No.2 and date of taken delivery of the same by the Complainant. Moreover the Complainant has admitted the same seem to be a forged one.

7. Copy of S.B A/c of the Complainant and statement of loan account filed by the Complainant, it is noticed that the date of loan is 04.03.2013. But, it is needless to mention here that the Complainant has not disclosed the date and amount of loan in his complaint petition and also the date of taking delivery of the said Tractor either from Bank/ Dealer (i.e. O.P No.1 or O.P No.2).

8. Copy of insurance of Tractor is always handed over at the time of handing over/ delivery of the vehicle by the Dealer to the purchaser. But in the instant case, the copy of Insurance is not available with the complaint as per complaint filed by the Complainant.

9. The Complainant lastly served a legal notice through an Advocate to the O.P No.1 on 08.09.2014 i.e. after 18 months by availing the loan from O.P No.1. The interest per day @ 12.20% p.a on the loan amount availed by the Complainant comes around Rs.194/- per day and Rs.5,897/- per month (approximately). It is not convinced why and how the Complainant was bound/ forced to sustain such loss for 18 months. But it is needless to mention here that the Complainant has repaid instalment amount of loan in various dates i.e. on 31.05.2013, 18.06.2013, 08.01.2014 and 24.03.2014 amounting Rs.48,500/- as per copy of loan account statement and documents filed by the Complainant.

10. As per legal notice issued to O.P No.1 on 08.09.2014 and in the complaint filed by the Complainant on 12.01.2015, it is admitted that after few months the O.P No.1 has handed over one Sonalika Tractor with trailer to the Complainant. But the date of delivery of the said Tractor is not filed. Both these statements are contradictory to each other.

11. Copy of letter dt.13.10.2015 sent by the Complainant addressed to the C.B.I, Cuttack and the Hon'ble Chief Minister, Odisha. The Commissioner, Commercial Sales Tax, Cuttack and the Superintendent of Police Vigilance, Balasore through Regd. Post with A.D regarding corruption by the Branch Manager, Allahabad Bank, Mathani Branch, Basta by sanctioning of Tractor loan in the name of different farmers by giving false bill and money receipts.

                 Thus, it is not convinced why/ how the Complainant requests the O.P No.1 for delivery of the said Tractor along with the required documents in question instead of request/ claim to the O.P No.2.

                 In view of the above observations as noticed there on, it is concluded that the instant C.D Case is not tenable. Hence, the Order:-

                                                     O R D E R

                 Having regards to our judgment reflected above, the complaint made by the Complainant is dismissed and disposed off.

                 No cost and compensation to the O.PS.

                 The Ex-parte order pronounced in the Open Forum on this day i.e. the 14th day of September, 2016 given under my Signature & Seal of the Forum.