SANJAY SINGH Vs. DABLOO BHAGAT

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 25.05.2016, passed by the Bihar State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in First Appeal No. 509/2009, "Dabloo Bhagat versus Sanjay Singh", vide which, while allowing the said appeal, the order dated 15.10.2009, passed by the District Forum Lakhisarai in consumer complaint No. 15/2007, filed by the present petitioner/complainant, allowing the said complaint, was set aside and the consumer complaint was ordered to be dismissed.

(2.) Briefly stated, the facts of the case are that the present petitioner/complainant Sanjay Singh filed consumer complaint No. 15/2007 against the present respondent, Dabloo Bhagat Agency Power Tech Farm and two others, namely, Manager Cooperative Bank, Branch Lakhisarai and Manoj Yadav, alleging that he purchased an Escort 435 Tractor with old engine from the respondent/OP after raising finance from the Cooperative Bank, but the said tractor did not work properly, as the old engine fitted in the same was defective. It has been stated in the complaint that the said tractor was purchased at the instance of one Manoj Yadav. It is also stated that when the Cooperative Bank demanded the repayment of loan taken by him, he was not in a position to pay the said amount.

(3.) The complaint was contested by the respondent/OP by filing a written reply before the District Forum, in which they stated that the complainant himself contacted the Cooperative Bank and expressed a desire to get loan for the purchase of a tractor. He also deposited a sum of Rs. 1,000/- with the Bank on 03.03.2004 and a further sum of Rs. 16,000/- on 27.06.2005 against the loan. The complainant deposited further amounts of Rs. 1,35,000/- and Rs. 4,852/- in the Bank against his loan. Thereafter, a new tractor was handed over to him and he had been earning good money by using the said tractor. It was further stated that when the Bank tried to recover the remaining amount of loan of Rs. 2,42,709/-, he filed the present complaint with the intention of evading repayment of the Bank loan. The complainant owed a sum of Rs. 3,20,505/- to the Bank at the time of filing their written statement.