Orissa

Sambalpur

CC/6/2018

Md. Salauddin - Complainant(s)

Versus

1- Shati Automobiles - Opp.Party(s)

Sri. P.K. Ram, H.K. Babu and Associates

12 Jul 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Case No- 6/2018

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

 

Md. Salauddin,

S/O-Late Md. Fazal Ali.

R/O, At-Bhutapada , PS-Dhanupali,

PO/Dist- Sambalpur, Odisha.                                                  …..Complainant

 

Vrs.

1. Shakti Automobiles,

Ainthapali, N.H.6, Sambalpur.

2. Indusind Bank Ltd.

Sambalpur.

3. Regional Transport Officer,

Sambalpur

4. Chola M/S. GIC Ltd.,

45/46, 2^nd Floor, Ashok Nagar,

Bhubaneswar-751004

Telephone No. 0674-2530153/57/59                                       ….Opp. Parties

Counsels:-

1. For the Complainant       :-         Sri. P.K.Ram, Advocate & Associates.
2. For the O.P. No.1                         :-         Sri. S.Mohanty, Advocate & Associates.
3. For the O.P. No.2             :-         None.
4. For the O.P. No.3             :-         RTO, Sambalpur
5. For the O.P. No.4             :-         Sri. B.K.Purohit, Advocate & Associates.

DATE OF HEARING : 28.06.2022, DATE OF JUDGEMENT : 12.07.2022

    Presented by Dr. Ramakanta Satapathy, PRESIDENT: 

1. The case of the Complainant is that the Complainant purchased an auto rickshaw (Atul Gemini GZ) from O.P. No.1 on 01.08.2016.by giving down payment of Rs. 62,000/- to-wards document expenses, fitness, insurance, road permit and taxes. After eight months delay the vehicle was registered before R.T.O., Sambalpur on 23.03.2017 bearing Registration Number OD-15G/9687. Papers were not given to the Complainant till registration.

After two days of purpose the gear box problem of the Vehicle reported to the O.P. No.1. The O.P. No.1 assured to replace and intimate to the company. As self driver, the Complainant managed to repair the vehicle outside, spent Rs. 6857/- as he has no other source of income. The complainant financed the vehicle from O.P. No.2 for Rs. 1, 83,000/- and unable to pay the installment for five months, on compulsion mortgaged the gold of his wife, received Rs. 18,500/- and deposited installments. The Complainant came to commission for Redressal.

2. The O.P. No.1, Shakti Automobiles has not filed any version and the financier Indusind Bank was set ex-parte.
3. The R.T.O. Sambalpur submitted that due to non submission of necessary documents in time, the vehicle was registered on 22.03.2017. The documents were filed before him on 10.03.2017, after following due process of registration, physical verification, registration number was given to the Complainant from the documents filed by R.T.O., Sambalpur it reveals that registration fees, road-tax, Postal delivery charge, hypothecation fees and fitness fees of Rs. 12,148/- has been received on behalf of Complainant and receipt was granted. From No.20, the application for the registration of the vehicle does not contain any date. The inspection certificate submitted by the dealer/Manufacturer also does not bear any date. Form No. 22 pollution certificate issued by Atul Auto Ltd. does not bear any date. Invoice date has been shown as 30.06.2016. Sale certificate in form 21, vehicle delivery date has been shown as 06.03.2017 and the challan for Rs.1, 80,000/- with retail invoice.  

The Insurance Cover note filed by R.T.O., Sambalpur bears the date 02.08.2016 and insurance amount paid shown Rs. 8050/- vide cover note No. 3647903.

All the Documents of the vehicle were submitted on 10.03.2017 only.

The R.T.O, Sambalpur further submitted that there is no complain against the O.P. No.3.

4. The O.P. No.4 insurance company in its version submitted that there was no any existence of contract between the Complainant and insurance company on 03.08.2016 since policy No. 3368/00839182/000/00 commenced from 08.08.2016, 18.00 hours to the MN of 07.08.2017. The gear box as alleged by the Complainant, Its replacement is the guarantee and warranty terms of O.P.No.1. There is no cause of action against O.P. No.4. The certificate of insurance bearing certificate No. 368/00839182/000/00 examined and it is valid from 08.08.2016, 18.00hours to MN on 07.08.2017.
5. After perusal of the documents and version of the parties it is crystal clear that the vehicle was sold on 01.08.2016 but registration of the vehicle made on 22.03.2017. On perusal one Dillip Dash, Mob-9040592110 of Atul Gem premium given detail rate chart of the vehicle for finance, Insurance expenses, R.T.O. expenses etc. and shown Rs. 2,41,100/- rate of the vehicle on road.

The vehicle dealer O.P. No.1 has taken all the risk of finance, insurance, prepared all registration documents for R.T.O., Sambalpur and received Rs. 10,751/- existed. The Complainant only for that reason pleaded that Rs. 62,000/- down payment made and finance amount is Rs. 1,83,000/-

As there is mutual arrangement between the O.P. No.1 financing Bank O.P. No.2, R.T.O. Sambalpur O.P. No.3 and insurance Company O.P. No.4 cover note for insurance was issued on 02.08.2016 and validity period was 31.08.2016.

Here a question arises when the vehicle was sold on 01.08.2016 insurance cover note issued on 02.08.2016 why the O.P. No.1 not registered the vehicle till 10.03.2017. As per submission of the R.T.O. Sambalpur from the pleader notice dated 16.11.2017 it reveals that the O.P. No.1 is deficient in service, as no any reply is given nor any version submitted in this case.

From Job Card dated 01.08.2016 it is established that the O.P. No.1 has not entered the Complaint of the Complainant.

In trade the practices adopted by the O.P. No.1 is totally unfair, exploitative to an innocent consumer and involvement of the other O.Ps cannot be ruled out. The Complainant is suffering a lot due to unfair trade practice of the O.P. No.1 and till date not replaced the defective gear box. The manufacturer has not been made a party. Accordingly it is ordered;

6698606.  

          The Complaint is allowed on contest against the O.P. No.1. The O.P. No.1 is directed to replace the defective gear box of the vehicle No. OD-15-G 9687 within one month of same specification of the manufacturing Company. Further O.P. No.1 is directed to pay a sum of Rs. 6857/- repairing expenses of the vehicle, Rs. 45,000/- to-wards compensation and harassment and Rs. 5000/- to-wards litigation expenses, with 8% interest from the day of filing of this case. In Case the O.P. No.1 failed to comply this order within one month then the O.P. No.1 will liable to pay 12% interest on the entire amount.

          For unfair trade practice, the O.Ps are warned not to continue such type of practice in future.

          Order pronounced in open court on this 12^th day July 2022.

          Supply free copies to the parties.