STATE CONSUMER DISPUTES REDRESSAL COMMISSION ASSAM CONSUMER COMPLAINT NO. SC/18/CC/13/2024 FULCHAN PRESENT ADDRESS - VILL- GAREMARI GAON, P.O.- PALHAJI, P.S.- BARPETA ,ASSAM.

.......Complainant(s)

Versus HDB FINANCIAL SERVICES LTD., REPRESENTED BY IT'S REGIONAL MANAGER.

PRESENT ADDRESS - WORD NO.5, P.S. BARPETA ROAD, JOHN PLAYER BUILDING, 2ND FLOOR BARPETA ROAD, OPPOSITE BARPETA ROAD POLICE STATION ,ASSAM.

H. D. MOTOR, REPRESENTED BY ITS PROPRITOR HEMANTA ROY.

PRESENT ADDRESS - NABADAYA PATH, NEAR KALI MANDIR, HENGRABARI, PO- ASSAM SACHIVALAYA, PS- DISPUR ,ASSAM.

HEMANTA ROY PRESENT ADDRESS - S/O- NABA KANTA ROY, R/O- NABADAYA PATH, NEAR KALI MANDIR, HENGRABARI, PO- ASSAM SACHIVALAYA, PS- DISPUR ,ASSAM.

MANJIT DAS PRESENT ADDRESS - S/O- LATE GAMALU DAS, R/O- HOUSE NO. 187, VIP ROAD, PATHARQUARY, GUWAHATI. ,ASSAM.

.......Opposite Party(s)

BEFORE:

HON'BLE MR. JUSTICE PRASANTA KUMAR DEKA , PRESIDENT HON'BLE MR. TAPAS KUMAR GHOSH , MEMBER FOR THE COMPLAINANT:

Mr. S. B. Laskar Proxy Counsel(Advocate)

FOR THE OPPOSITE PARTY:

MANJIT DAS, In-Person DATED: 27/02/2025

ORDER

Heard Mr. S. B. Laskar, learned counsel, appearing for the complainant. Mr.

Manjit Das, the opposite party No. 4 is also present in person.

The cause of action of the complaint is in respect of a small goods carrier vehicle under Registration No. AS 01 NC/8576 which was purchased by the complainant from H.D. Motors situated at Hengrabari, Guwahati dealing in used vehicle. On the other hand at the time of purchase, the said vehicle was financed by the opposite party No. 1 HDB Financial Service Ltd., Barpeta Road. The vehicle was purchased on 2-4-2024 and the possession of the same was handed over by the opposite party No. 3, the proprietor of H.D. Motors on 20-4-2024 to the complainant. On 13-6-2024 Hajo Police seized the said vehicle bearing Registration No. AS01 NC/8576 from the present complainant. The said seizure of the vehicle was on the basis of an FIR lodged by the opposite party No. 4 as the registered owner of the vehicle under Noonmaati Police Station at Guwahati. As submitted by Mr. Manjit Das, the opposite party No. 4, the learned Court of CJM, Kamup (Metro) had given the custody of said vehicle to him considering that he is the registered owner of the vehicle. Behind the said backdrop the complainant has filed this complaint seeking for the following reliefs.

1. Direct the opposite party No. 1 to opposite party No. 4 to pay Rs. 55,00,000/-

(Rupees fifty five lakhs only) as damage to the complainant jointly and severally.

2. Direct the State Authority of the Govt. of Assam to cancel the trade licenses of the opposite party No. 1 and opposite party No.2.

Mr. Laskar projected that the opposite party No. 1 HDB Financial Services Ltd. asked the present complainant to sign an agreement wherein there are clauses which as per Mr. Laskar falls within the category of unfair trade practice. But admittedly on perusal of the complaint petition we find that there is a specific averment that the vehicle was handed over to the complainant on 20-4-2024 by the opposite party No. 2 proprietor, H.D. Motors to the complainant and prior to that, the vehicle was registered in the office of DTO Kamurp (M) bearing registration No. AS 01 NC 8576 in the name of the complainant . On 13-06-2024 Hajo Police seized the vehicle from the complainant. The said seizure of the vehicle was on the basis of an FIR lodged by the opposite party No. 4 as the registered owner of the vehicle under Noonmati Police Station, Guwahati.

Here at this stage we would like to observe that the subject matter of the transaction wherein the opposite party Nos. 1,2 and 3 are involved, is the subject matter of an FIR lodged by the opposite party No. 4 and that too as the registered owner of the vehicle under Noonmati Police Station. Though Mr. Laskar projected that the contract between the opposite party No. 3 and the complainant is initiated on the basis of unfair trade practice, however, as there is an admitted agreement between