Order  Date:  11.10.2022

Today is fixed for admission hearing.

Complainant files hazira through the Ld. Advocate.

Record is taken up for admission hearing.

Heard the Ld. Advocate for the complainant in full. Perused the documents filed by the complainant.

The complainant has filed this case against the OP Nos. 1,2,3,4 & 5. The case of the complainant, in brief, is that the OP No.4  Ujjal Sk. , registered owner of the Truck being No. WB 19H 4689 for which the OP No.3 financed through the OP No.1 by a loan agreement and as OP No.4 was unable to pay the installments of the said loan, OP No.1 cancelled the   said loan  agreement and re-possessed the said vehicle and transferred the loan account in the name of the present complainant and handed over the vehicle  and the complainant is paying the installments and subsequently the vehicle was in safe custody of ADM and DL& LRO, Purba Bardhaman , Motor Vehicles Department and the OP Nos. 1 & 2 did not help for returning the vehicle along with papers from the Government Authority.

On perusal of all the documents so filed by the complainant i.e. vehicle particulars, Road E-challan  and insurance papers, it is found that all papers are in the name of Ujjal Sk and one paper relating to Trans-shipment of goods by the vehicle in question disclosed that the complainant put his signature as authorized  signatory, parking as driver of the vehicle. One Xerox copy of Chola –Enter a better life  disclosed the installments overdue, other overdues, future installments, installments paid etc. in the name of the complainant  Rafikul Molla   but no paper or agreement is forthcoming on behalf of the complainant to show that he purchased the  vehicle from Chola in his name and the transfer of loan account from Ujjal Sk to the name of the complainant is not tantamount to sale or  purchase of the vehicle and how the loan account has been

transferred in the name of the complainant is not clear by producing any documents.

No other document including the agreement for sale is forthcoming on behalf of the complainant to show that he has purchased the vehicle from the person who had titled of the vehicle. According to Sec. 2(7) of the Consumer Protection Act, 2019, it cannot be said that the complainant is a “Consumer” and as such, the provisions of the Consumer Protection Act, 2019 is not applicable to the present case. As such, we are of opinion that the case is not admitted.

Hence, it is

                                             ORDERED

that the complaint be and the same is not admitted as per the provisions of the Consumer Protection Act, 2019 and thus disposed of .  

            Let a copy of this order be given to the complainant on free of cost.