- (1.) THE CO. arises out of an order passed by West Bengal State consumer Disputes Redressal Commission in S. C. Case No. F. A. 41 of 2008.
(2.) THE opposite party filed complaint under Section 12 of the consumer Protection Act before the District Consumer Disputes redressal Forum, Muchipara, Burdwan which was registered as DF Case no. 20 of 2004.
(3.) THE complainant alleged that he purchased a Tractor with Trailor from the Firm named Farmer's Friend and Engineers Private Limited on instalment through Burdwan Co-operative Agricultural and Rural development Bank Limited and he paid Rs. 70,000/- to the aforesaid concern and took delivery of the Tractor and Trailor through the aforesaid bank by executing an agreement and mortgaging 10 bights of his own land along with 5 bights 12 kathas of land of the family members with the aforesaid bank. The bank authority refused to give him a copy of said agreement but informed him that he should clear the price money in 9 consecutive year. He paid first instalment in the year 2001 but he failed to pay the third instalment in the year 2003 due to low production and low business out turn. The bank authority did all these simply with a view to grab the whole of the land properties of the petitioner's and his family members along with his vehicle and in the month of Chaitra in 1410 B. S. some bank officials went to the petitioner's place and took away the tractor and trailor along with his own materials from his possession and without help of the tractor he was unable to cultivate the land and the petitioner requested the bank authorities to release the vehicles but unfortunately the bank did not do the same and hence the complainant filed the complaint before District Forum praying for direction upon the bank to return the seized vehicle.;