Today is fixed for taking steps by the Complainant. But no step is taken by the Complainant. The record shows that no step was taken by the Complainant on 08.04.20, 10.09.20, 13.11.20, 08.01.21, 26.04.21, 28.06.21, 16.11.21, 27.01.22, 19.04.22, 12.07.22, 18.10.22, 02.02.23, 17.05.23, 13.06.23, 22.08.23 and today i.e. on 29.08.23. The case of the Complainant as per materials on record is that the Complainant bought a new holland company’s tractor from OP Nos. 1 and 2 on 09.06.11 and he paid the entire amount to the OP Nos. 1 and 2 out of a loan that the Complainant took from the OP No.3 of Allahabad Bank, Sagardighi Branch which the OP No.3 provided to the Complainant after due verification of the relevant documents in connection with the said tractor and the Complainant is paying the monthly interest of the loan to the bank. At present the said tractor is hypothecated in the name of Allahabad Bank. During the time of buying the tractor the OP Nos. 1 and 2 took extra amount from the Complainant for preparing the registration and tax certificate of the tractor and assured the Complainant to come to the OP Nos. 1 and 2 after one month and collect the registration and tax certificate of the tractor. Thereafter the expiry of one month when the Complainant went to the OP Nos. 1 and 2 to collect his registration and tax certificate, OP Nos. 1 and 2 made lame excuses and avoided the Complainant and every time whenever the Complainant went to the OP Nos. 1 and 2 and requested for his registration and tax certificate for the tractor, the OP Nos. 1 and 2 turned deaf ears to the request of the Complainant and did not provide him the documents. We peruse the materials on record in spite of giving several directions to the Complainant, the Complainant has not taking steps for issuance of notice upon the OP Nos. 1 and 2. Without hearing OP Nos. 1 and 2 the disputed matter as alleged in the instant complaint case cannot be decided. Further more, it appears to us that the Complainant is not at all interested in the instant case as the Complainant took no steps from 08.04.20 to till now. In view of the matters discussed above we are of the view that the instant case is liable to be dismissed on merit. Hence, it is ORDERED that the instant case No. CC/58/2016 is dismissed on merit against the OPs without any order as to costs. Let plain copy of this order be supplied free of cost, to each of the parties / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action. The Final Order will also be available in the following Website: confonet.nic.in Dictated & corrected by me. President Member President |