The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Managing Director, Mahindra & Mahindra Financial, Worli, Mumbai, O.P No.2 is the Regional Manager, Mahindra & Mahindra Financial Services Ltd., Bhubaneswar and O.P No.3 is the Area Manager, Mahindra and Mahindra Financial Services Ltd., Balasore.   

                    2. The case of the Complainant in brief is that the Complainant availed a tractor loan from the O.P No.3 of Rs.3.00 Lacs (Rupees Three lacs) only for the vehicle bearing Regd. No.OR-01K-5902 on 29.03.2007, to be repaid in 48 months @ Rs.10,425/- (Rupees Ten thousand four hundred twenty five) only per instalment @ 9.75% interest p.a. and accordingly, the Complainant has to pay Rs.4,17,000/- (Rupees Four lacs seventeen thousand) only as mentioned in his letter dtd.16.06.2008 as such has to pay Rs.19,500/- (Rupees Nineteen thousand five hundred) only as excess, for which she filed a C.D Case against the O.Ps, where order was passed on 16.09.2009 directing the O.Ps not to charge more than the stipulated amount i.e. Rs.4,17,000/- (Rupees Four lacs seventeen thousand) only even if the Complainant fail to pay total amount within 40 months instead of directing the O.Ps not to repossess the vehicle during tenure of repayment of loan. The Complainant was also directed to repay the loan within stipulated period. As such the Complainant had paid last instalment of loan amount on 01.03.2011 much earlier to the order of the Forum i.e. to pay on 29.03.2011. Though the Complainant has paid total loan amount within the stipulated period, but the O.Ps did not return loan documents, bank cheque, no dues certificate and letter to R.T.O for change of ownership even after issuance of advocate notice to the O.Ps by the Complainant. But, the O.Ps neither returned the documents as asked for nor they preferred to reply the above said Advocate notice, which amounts to deficiency in service by the O.Ps, causing mental agony to the Complainant. Thus, the Complainant has filed this case along with an Execution Misc. Case Vide No.14/2012 filed earlier against the O.Ps on 09.10.2012. The above said Execution Misc. Case was delayed up to 22.06.2015 for late appearance and non-cooperation on the part of the O.Ps. The O.Ps have also not complied the order dtd.24.04.2015 passed by the Forum in the said Misc. case within the stipulated period, rather filed Bank Cheques, no objection certificate on 22.06.2015. As such the Complainant could not ply his tractor for six years for not changing the ownership due to fault of O.Ps, causing financial loss to the Complainant. Cause of action to file this case arose on 22.06.2015. The Complainant has prayed for payment of compensation for mental agony and financial loss and litigation cost.

                     3. Written Version filed by the O.Ps through their Advocate denying on the point of maintainability, Consumer as well as its cause of action. The O.Ps have further submitted that the Complainant had filed a C.D Case bearing No.90/2008 against the O.Ps and accordingly, order was passed on 16.09.2009. Further, the Complainant had filed a Misc. Case bearing No.14/12 and order was passed by the learned Forum directing the O.Ps to refund the loan documents filed by the Complainant along with blank cheques issued by the Complainant and issue of NOC in favour of the Complainant and take step for change of ownership of the vehicle and put up on 27.05.2015 for compliance of order by the O.Ps. With regards to the order of Consumer Fora, the O.Ps have already complied the Hon’ble Forum’s order on 27.05.2015 and deposited the unused 10 numbers of Blank cheque bearing No.171821 to 171830 along with files NOC in favour of the Complainant through its legal manager Sri Sanjib Choudhury before the Learned Forum and the learned Forum also directed the Complainant to receive the same and accordingly, on that day the C.D Misc Case No.14/12 has been dropped. After a gap of few months, the Complainant has again filed this complaint with the same cause of action to extract money by way of compensation from the O.Ps is intentional, malafideness and not sustainable, for which the case of the Complainant is liable to be dismissed with cost.  

                    4. In view of the above averments of both the Parties, the points for determination of this case are as follows:-

(i) Whether this Consumer case is maintainable as per Law ?

(ii) Whether there is any cause of action to file this case ?

(iii) Whether the Complainant is a Consumer under the O.Ps as per C.P Act, 1986 ?

(iv) To what relief the Complainant is entitled for ?

                    5. In order to substantiate their claim, the Complainant has filed certain documents as per list, whereas the O.Ps have not filed any documents in their support. Perused the documents filed. It has been argued on behalf of the Complainant that she had filed a C.D Case for the alleged vehicle bearing Regd. No.OR-01K-5902, where the order was passed by the Forum on 16.09.2009 directing the O.Ps not to charge more amount beyond the stipulated amount i.e. Rs.4,17,000/- (Rupees Four lacs seventeen thousand) only. It has been further argued that the Forum might have directed the O.Ps not to repossess the said vehicle within the stipulated period of re-payment of loan. The Complainant has repaid last instalment of loan on 01.03.2011, which is much earlier to the order of the Forum i.e. to pay on 29.03.2011. In spite of repaying the entire amount as per order of the Forum, the O.Ps have not returned the loan documents, bank cheque, no due certificate and letter to R.T.O for change of ownership for the above said vehicle. Accordingly, the Complainant has filed an Execution Misc. Case Vide No.14/2012 on 09.10.2012. After a prolonged period, the O.Ps have filed bank Cheques and no objection certificate on 22.06.2015 in the Forum, for which the Complainant could not ply his vehicle for a longer period, causing mental agony and financial loss to the Complainant. Thus, the Complainant has filed this case praying for payment of compensation and litigation cost for the deficiency of service caused by the O.Ps. On the other hand, it has been argued on behalf of the O.Ps that the Complainant had filed a C.D Case bearing No.90/2008 against the O.Ps and accordingly, order was passed on 16.09.2009. Thereafter, the Complainant had also filed a Misc. Case bearing No.14/2012, where order was passed by the learned Forum directing the O.Ps to refund the loan documents filed by the Complainant along with blank cheques issued by the Complainant and issue of NOC in favour of the Complainant and take step for change of ownership of the vehicle and put up on 27.05.2015 for compliance of order by the O.Ps. Thus, the O.Ps have already complied order of the Hon’ble Forum on 27.05.2015 and deposited the unused 10 numbers of Blank cheque bearing No.171821 to 171830 along with NOC in favour of the Complainant through its legal manager Sri Sanjib Choudhury before the Learned Forum and the learned Forum also directed the Complainant to receive the same and accordingly, on that day the C.D Misc Case No.14/2012 has been dropped. But, after a longer period, the Complainant has again filed this case with the same cause of action claiming for compensation from the O.Ps, which is intentional and not sustainable, for which the case of the Complainant is liable to be dismissed with cost. So, from the alleged cause of action, the C.D Case No.90/2008 has already been disposed of on 16.09.2009 with some findings as mentioned above. For the same cause of action, the Complainant has again filed this case for additional relief, which is not acceptable and not maintainable in the eye of Law.

                    6. So, now on careful consideration of all the materials available in the case record and on hearing both the sides, this Forum come to the conclusion that this Consumer case is not maintainable in this Forum as it has been filed with the same cause of action as in C.D Case No.90/2008 filed earlier, for which the Complainant is not entitled for any relief as prayed for and accordingly, this Consumer case is liable to be dismissed. Hence, Ordered:-

                                                     O R D E R

                         The Consumer case is dismissed on contest against the O.Ps, but in the peculiar circumstances without cost.  

                         Pronounced in the open Forum on this day i.e. the 21st day of August, 2018 given under my Signature & Seal of the Forum.