BANK OF BARODA Vs. RATAN SINGH PAVIVA

JUDGEMENT

(1.) THE present Revision Petition is filed by the Petitioner Bank Of Baroda under Section 21 (b) of Consumer Protection Act, 1986 against the order of the State Consumer Disputes Redressal Commission, (in short, 'State Commission ') Bhopal, Madhya Pradesh. The State Commission dismissed the Appeal filed by the Bank Of Baroda in Appeal No. 919 of 2010 setting aside the order of the District Consumer Disputes Redressal Forum, (in short, 'District Forum ') in Consumer Complaint No. 700 of 2009. The District Forum passed an order on 26.02.2010, and, allowed the complaint.

(2.) FACTS of the case in brief: The Complainant, an Agriculturist, bought a tractor P.T. Escort 439 from M/S Rajiv Tractors, Dabra, Gwalior (OP -1), after availing loan from Bank of Baroda (OP -3). The OP -2 Mr. S.M. Khan, Branch Manager of OP -3 Bank, issued a loan sanction and asked the complainant to get the tractor from OP -1. On the basis of letter from OP -2, the proprietor Mr. Rajiv Sharma (OP -1), issued a cash memo dated 4/3/2008, detailing the engine no. E -3042699 and Chassis No. B -3039770. He endorsed a hypothecation agreement in favor of OP -3 Bank, and mentioned about receipt of amount of Rs.4, 56,941/ - i.e., price of the tractor and Rs.1,00,000/ -, towards insurance of the tractor. The Complainant also paid the amount for registration to OP -1, and he was asked to obtain the documents from the Bank. But, OP -2, Mr. S.M. Khan, did not give documents of tractor to the complainant. On 07.03.2008 when the tractor met with an accident, it was seized by the officials of Police Station, Jhansi Road, Gwalior. When the documents of tractor were demanded from the OP -2 & 3, they kept on avoiding him. Therefore, on suspicion of foul play, the complainant got the information from the RTO Office about the details of registration of the tractor, and it was learnt that tractor having Chassis No. B -3039770 and Engine No. E -3042699 bearing Registration No. MP 07 AA 1258, registered in the name of Ganga Ram Rawat, S/o Rudra Singh, Village Kheda, Tehsil Bhitarwal, District Gwalior. Complainant came to know that it was a fraud committed by OP -2 & 3, and in connivance with each other, had seized the old tractor which was sold earlier, on 11.05.2007, to Ganga Ram Rawat because of nonpayment of installments. After refurbishing, painting and removing its registration number plate, same tractor has been sold to the complainant, claiming it to be a new one, and original documents were kept hidden by them. Thus, the complainant filed a complaint before the District Forum, Gwalior seeking directions to the OPs to give new tractor or its price and insurance amount along with interest and compensation on the ground of committing gross deficiency in service.

(3.) AGGRIEVED by this order, OP -3, filed an appeal before the State Commission.