Consumer Case No.22/S/2014

Order No.23.

Dt.09.12.15.    The complainant’s case is that the complainant purchased a truck bearing Registration No.WB-73C 2406 on finance basis by OP No.1 by an agreement.  At the time of purchasing the complainant paid Rs.4,00,000/- as down payment and 46 monthly instalments of Rs.62,150/-.  Each altogether of Rs.28,78,300/- as total purchase price.  The complainant paid only 9 instalments as per chart attached with the complainant.  On 16.06.2012, the truck met with a severe accident and Matigara Police Case No.750/2012 was started and said vehicle was sent to the OP No.2 for repairing.  The complainant paid instalment after accident on 30.08.2011 and 31.08.2011 amounting Rs.50,000/- and Rs.40,000/- on 11.12.2012.  The complainant paid Rs.12,29,393/- to the OP No.1 till May, 2013 and also paid Rs.20,000/- to OP No.2 as advance for repairing.  But after repairing, OP No.2 did not handover the vehicle to the complainant without consent of OP No.1.  On 27.02.2013, the OP No.1 demanded Rs.21,28,820/- as due amount.  The sent lawyer’s notice to the OP No.1 and OP No.2, but did not get any relief from OP Nos.1 & 2.  The complainant is entitled to get the vehicle.  Accordingly, the claim is filed. 

This case has been heard ex-parte. 

The complainant has filed some documents.  Among them letter dated 27.02.2013 is a demand letter of OP No.1 for Rs.21,28,820/-.  The complainant also filed Insurance Certificate for the year 2011, 2012 & 2013 of vehicle bearing No.WB-73C 2406.  The complainant has also filed Registration Certificate, Permit, Tax Token, and Payment Schedule.  This payment schedule shows due date 05.10.2011 to 05.08.2015 showing total amount of money 28,78,315/-.  But after seeing those documents, we are not in a position to conclude that complainant has paid total amount of payment regarding price of the vehicle and repairing cost to the OP Nos.1 & 2. 

There is no other evidence in record to convince us regarding the allegation of the complainant that the complainant is entitled to get the vehicle from the OP No.2 with the consent of OP No.1 by clearing the date of OP No.1 and paying the repairing cost of OP No.2. 

Accordingly, it is

                                                         O R D E R E D

that the Consumer Case No.22/S/2014 is dismissed ex-parte.

A copy of this order be given to the complainant free of cost.

                        -Member-                         -Member-                                 -President-