Orissa

Bargarh

CC/10/10

Amin Mahananda - Complainant(s)

Versus

The Branch Manager, - Opp.Party(s)

Sri S.P.Mishra and Others

18 Jun 2010

ORDER


OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM(COURT)
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM(COURT),AT:COURT PREMISES,PO/DIST:BARGARH,PIN:768028,ORISSA
consumer case(CC) No. CC/10/10

Amin Mahananda
...........Appellant(s)

Vs.

The Branch Manager,
The Field Officer,
...........Respondent(s)


BEFORE:
1. MISS BHAGYALAXMI DORA 2. SHRI GOURI SHANKAR PRADHAN

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):
1. Sri S.P.Mishra and Others

OppositeParty/Respondent(s):




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ORDER

Presented by Miss B.L.Dora, Member. In this case, the Complainant had sanctioned a Tractor on finance by the Opposite Parties. The Opposite Parties are the sanctioning authorities fully satisfied with relevant documents, given by the Complainant and sanctioned loan in the year-2008 for agricultural purpose and allotted him with delivery challan for the authorized dealer. At that time it was a condition between the parties that, the Opposite Parties will prepare the R.C. Book with all other documents within a very short time from the date of sanction of the loan. But the Opposite Parties remained silent to prepare and handed over the said tractor to the Complainant for which the Complainant was unable to ply the said Tractor. The Complainant made several complaint near the Opposite Parties orally to which the Opposite Parties assured the Complainant to do it but not took any step. Then the Complainant at last send a pleader notice on Dt. 04/01/2010 in this regard which was received by them on Dt. 05/01/2010 but no action. This act for non-rendering of service by the Opposite Parties to the Complainant is the gross negligence and deficiency in providing proper service to their consumer. Due to this act of the Opposite Parties, the Complainant has sustained a heavy loss of Rs. 2,00,000/-(Rupees two lac)only which he is entitled to get the same by the Opposite Parties with litigation cost. In order to prove his case, the Complainant has relied upon i.e.(1) The loan application including all documents relating to the sanction of Tractor by the year -2008 (2) The pleader notice Dt.04/01/2010 (3) The postal receipt and ADs thereof. In spite of sufficient service, the Opposite Parties remained silent to take any step and have been set ex-parte. The case is heard on ex-parte. Gone through the documents and heard from the counsel of the Complainant. The Complainant argued and filed evidence in the shape of affidavit on the point that, the Opposite Parties have received Rs.1,20,500/-(Rupees one lac twenty thousand five hundred)only as cash deposit from him without any receipt in regard to sanction loan in favour of the said Tractor with full and final documentary satisfaction. The complaint petition also explains about this. The another point of the documentary evidences speaks that, the loan was sanctioned by the Opposite Parties with full satisfaction and verification of the required documents and at that time between the parties which the Opposite Parties have under taken to prepare all the documents relating to the said Tractor i.e. the R.C. Book and other necessary documents within a short period from the date of sanctioning of loan. The Complainant alleges that, the Opposite Parties have failed to keep their word and gave false assurance to do this in shot time. This act of the Opposite parties shows about their unfair trade practice and negligence in duty to give proper service to their customer. On the other hand, the Opposite Parties have taken no steps and failed to appear before the Forum to counter these allegations made against them amounts to deficiency in service and unfair trade practice by the Opposite Parties. Due to this, the Complainant is unable to run his tractor, not able to comply the loan sanctioned in favour of him and being harassed with mental agony and pain. In view of all these circumstance the complaint petition is allowed. O R D E R The Opposite Parties are directed, jointly and severally, to prepare the R.C. Book and all other related documents in favour of the said Tractor and send these to the Complainant and pay compensation of Rs.2,000/-(Rupees two thousand)only for mental agony and litigation expenses to the Complainant within forty-five days from date of order hence, failing which the awarded amount shall carry 18% (eighteen percent) interest per annum till realization. Complaint allowed accordingly.




......................MISS BHAGYALAXMI DORA
......................SHRI GOURI SHANKAR PRADHAN