1. This order will dispose off an application filed by respondent No.2 seeking rejection of the complaint.
2. Arguments heard record perused. Facts in brief are that complainant purchased vehicle form M/S Hyundai Motors Gujranwala, respondent No.1. Respondent No.2 Muslim Commercial Bank provided, on the request of the complainant, financial facility. According to the complainant vehicle become out of order having some defect in the engine for which respondent No.1 was approached who De- sealed the engine and did some repair but the defect could not be removed. The complainant by filing instant complaint prayed that respondents may be handed over a new vehicle to the complainant or pay some of Rs. 3,00,000/- as compensation.
3. I have heard the counsel for the parties and gone through the record.
4. In para No.3 of the complaint it is mentioned that after paying all the installments to the respondent No.2 Muslim Commercial Bank the said vehicle was released from the charge or lien by the respondent No.2, thereafter complainant become the full owner of the said vehicle which has now been registered in the name of complainant. Photo copy of registration book has also been enclosed with the complaint. The Muslim Commercial Bank has noting to do with the defect in engine of the vehicle nor can be held responsible for any deficient service if provided by the respondent No.1. Provision of financial facility by Muslim Commercial Bank to the complainant for purchase of vehicle is the past and closed transaction because all the dues have been cleared and there is no financial dispute between the complainant and Muslim Commercial Bank regarding the vehicle.
5. In these circumstances respondent No.2 Muslim Commercial Bank being a party improperly joined is ordered to be struck out from the array of defendants. The application is allowed in the above said terms.