1.                               The complainant has filed this compliant against OP No.1 for non registration of tractor from RTO Nagpur and illegal seizure and auction of tractor by OP No.2 and thereby claiming compensation Rs.51,000/- and refund of amount paid to purchase tractor with accessories.

2.               The fact of complaint in short is as under –

The complainant is agriculturist and purchased a tractor bearing Model No. TAFE ME 7250 from the vehicle dealer OP No. 1 and under finance from OP No.2 on 28/03/2017 by paying Rs.51,000/- in cash and remaining amount on finance alongwith the accessories with tractor of Rs.36,500/- on 01/04/2017. The complainant requested the OP No.1 dealer to register his vehicle with RTO and issue necessary documents of tractor. The OP No.1 failed to register vehicle with RTO within 10 days. Hence, the complainant issued legal notice through his advocate but the OP has not complied notice. Due to non registration of vehicle, complainant could not run vehicle on road and suffered financial loss and unable to pay regular installment to OP No.2. For non-payment of installments the OP No.2 seized complainant’s tractor and sold it to other person illegally. Therefore, the act of OP amounts deficiency of service and hence complaint is filed.

3.               The OP No.1 after service of notice could not appear and hence case proceeds ex parte as per order dtd.03/01/2019.

4.               The OP No. 2 appeared and denied allegations and submitted that the OP No.2 finance company has issued demand letter for payment of loan amount of Rs.6,78,536/- but the complainant failed to pay outstanding instalments. Hence, complainant’s vehicle has been seized and auctioned against price Rs.4,00,000/- and issued notice for the arrears of loan amount Rs.2,67,416/-. There is no negligence on the part of OP No.2. Hence, case is liable to dismiss with cost.

5. We have considered the following points and we have recorded our findings thereon as follows for the following reasons-

          POINTS                                  FINDINGS

1. Whether the complainant is consumer ?                Yes.
2. Whether OP committed negligence and                deficiency in service ?                              No.
3. What order ?                             As per final order.

                          REASONING

6.               Point No. 1 To 3 – The complainant purchased tractor Model No. TAFE ME 7250 from the vehicle dealer OP No. 1 paying Rs.51,000/- through cheque and remaining amount from finance company. The dealer who delivers the vehicle after temporary registration to purchaser, it is the duty of purchaser to register the vehicle permanently under Motor Vehicle Act. The complainant has failed to file any documentary proof of the amount paid to dealer OP No.1 for registration of vehicle permanently or undertake the responsibility to register the complainant’s vehicle on its own.  The complainant has failed to file any written proof to release the documents of the vehicle from OP No.1 dealer. The complainant failed to pay the instalments of loan after due notice therefore complainant’s vehicle has been seized and auctioned by financer as per due process of law. There is not merit in this complaint and hence case is liable to be dismissed.

We, therefore, pass following order.

ORDER

1. The complaint is dismissed.
2. No order for cost.
3. Copy of the order shall be supplied to all the parties free of cost.