Complainant is absent without any step. Today is fixed for delivery of judgement. Judgement delivered in open Court are kept in seperate sheets. At this stage the OPs file a petition for stay on the ground stated therein. Copy not served. Let the same be kept in record as the the OP has no locus standi to file the petition. Judgement as follows:

The complainant Ansar khan s/o of Osman Gani Khanis the owner of Truck being no. WB29/6586 which was financed by Shriram Transport Finance Co Ltd. The vehicle was financed from Kharagpur branch  but when the new branch was opened at Nimtala the loan was transferred to Nimtala branch dated 15.01.13. The op no2 re-financed the petitioner against the said vehicle a sum of Rs5, 29,090/- which was to be repaid in 47 fixed installments. Due to economic problem the petitioner became irregular in making payment. Thereafter on 14.12.2013 when the said Truck was returning from Siliguri the recovery agents of the opposite parties took possession of the vehicle at Itahar under Uttar Dinajpur District. The said Truck was parked at Biswakarma parking Zone at Purbaparajpur, Bekidanga at Itahar , Uttardinajpur and an Inventory sheet was handed over to the driver of the said Truck at 3.10pm.

                    On getting information the petitioner rushed to the office of the OP no. 2. The very next day on reaching the office of the op they said they needed all payment to be made. After several request made by the complainant, the op no2 agreed to release the said vehicle on payment of Rs 1,95,000/- On receiving the said amount from the complainant ,the op no 2, handed over one release order vide letter date 16.04.14 to the complainant. After reaching the said parking zone on 18.04.14.petitioner did not find the vehicle there, the manager of the said Biswakarma Parking Zone took the original inventory sheet as also release order from the complainant. The informed the matter to the op no2, but inspite of giving assurance that he would look up the matter the op did not do so. The complainant informed the matter vide letter dated 24.04.14 but the op no2, denied to return the said vehicle. As per the complainant he sent notice to both the opposite parties herein on 06.02.2015 and they received the same on 09.02.2015 and the cause of action started on and from 16.02.2015. Hence case is filed by the petitioner against the opposite parties.

                    The opposite parties entered appearance but did not file their WV hence the case is heard ex-parte against them. The case is therefore decided on merits.

                   On going through the documents it is clear that one Ansar Khan is the owner of the vehicle, bearing number WB29/6586 which is a Heavy goods Vehicle Truck and the said vehicle was Hypothecation with Shriram Transport Fin. Co. Ltd. Kolkata. It is also fact that Opposite party gave inventory to the Driver of the surrendering vehicle on 14.12.2013 they, thereafter, sent a Release Letter dated 16.04.2014 addressing Biswakarma Parking Zone, Itahar ,Uttar Dinajpur. The said release letter was valid for 3 days from the date of issue. On 18.04.2014 a letter addressed to the manager Biswakarme Parking Zone Itahar Uttar Dinajpur written by the complainant Ansar Ali that he did not receive the vehicle being number WB 29 6586.The complainant submitted verbally that he paid the op in total Rs 4,75,600/- and a sum of Rs 2,64,350/0 was due  ,and he paid a sum of RS 2,64,000/- also to the opposite parties. Inspite of making payment he did not receive the vehicle .

                    On hearing the submission made by the Ld Advocate on behalf of the complainant it surfaces that inspite of making payment of the loan amount the complainant did not get back the truck and moreover the complainant reached Itahar to get release within three days of receiving the release letter but he did not get his Truck though he paid the remaining amount of Rs 1,95,000/-. At this juncture we are of the view that the Opposite parties are guilty of Unfair Trade Practice and they played fraud upon the complainant in giving delivery of the Truck inspite of receiving the amount.

                   Hence it is ordered that

The case is decided in favour of the complainant, the complainant is to pay the balance amount, if any, and the OPs are directed to return the vehicle or the price of the vehicle as on the date of release letter together with compensation of Rs 10,000/- within 45 days of passing of this judgment, else the complainant shall be at liberty to execute the case as per law.