DIST.CONSUMER DISPUTES REDRESSAL COMMISSION,

KHURDA, BHUBANESWAR:

                                                     -ooOoo-

C.C.CASE NO.64/2022

Si Ashok Kumar Bhuyan, aged about 57 years,

S/o Sibaram Bhuyan, MB-3, Stage – 2,

Laxmisagar Colony,

PO/PS- Laxmisagar, Bhubaneswar, Dist - Khurda

                                                                             ….     Complainant

          -Vrs.-

1.       Cars24 Services Pvt. Ltd.,

          10^th Floor, Tower-B, Unitech Cyber Park,

          Sector – 39, Gurugram, Haryana – 122 003.

2.       Branch Manager, Cars24 Services Pvt.Ltd.,

Plot No.54, In front of Vinayak Classes, Ground Floor,

Block N4, IRC Village, PO/PS – Nayapalli, Bhubaneswar.

Dist - Khurda

                                                                             ….     Opp. Parties

For the complainant                :                  Self

For the O.Ps                                      :                  Exparte

DATE OF FILING                  :                  21/02/2022

DATE OF ORDER                 :                  08/06/2022

ORDER

S.TRIPATHY, MEMBER (W)

1.       The  complainant has filed this Consumer Complaint U/s 35 of the C.P.Act, 2019.

2.       The brief contention of the complainant is that,  the complainant is the registered owner of one  Mahindra XUV 500 vehicle. He  intended to sell his vehicle  through the OP No.2. The OP No.2 assured  the complainant that the said vehicle  would be sold and the ownership to the new buyer would be transferred within 120-180 days. Both the  parties entered into an agreement (seller protection policy)  and the complainant handed over his vehicle to the OP.2  along with other requisite documents under proper acknowledgement. The OP.2 further assured the complainant that the vehicle would be kept in a restricted place until a new buyer was  arranged.  Dispute between the parties arose when it came to the knowledge of the complainant  that the OP.2 was misusing his vehicle  for which the MV checking authority had issued challan against the vehicle on different dates. Also in the meanwhile the insurance period of the said vehicle has expired and the OPs did not re-insure the same. The complainant tried to approach the OPO.2 but did not get any positive response.  Finding no other alternative, the complainant filed this consumer complaint to seek relief against the OPs. Hence this complaint.

3.       Upon notice, the OPs did not submit their written version and subsequently they were set exparte and exparte hearing is taken up.

4.       On due perusal of the case record along with the documents placed therein, it is ascertained without a dispute that the complainant has handed over the  physical possession of the vehicle in question to the OP No.2 under proper acknowledgement.  As per the terms and condition of the Seller Protection Policy (SPP), which is a agreement between both the parties, the OP.2 has taken full responsibility for safeguarding the vehicle in question till the car’s registration certificate is transferred in the name of the new buyer i.e. within  a time period of 120-180 days. In stead  of this, the OP.2 has used the vehicle for his personal purpose without the knowledge of the complainant for which he had to pay challan fees charged against the vehicle and also  have failed to sell the vehicle in question to a new buyer which in our considered opinion,  is deficiency in service on the part of the OPs. Hence it is ordered.    

ORDER

The complaint is hereby allowed exparte against the OPs. The OPs are  hereby directed to take immediate steps for transfer of ownership of the vehicle in question to a new buyer and till then keep the vehicle  safely  in the stockyard and not to run the vehicle on road un-authorizedly. The OPs are further directed to pay a  sum of Rs.5,000/- (Rupees five thousand) only to the complainant  towards the challan amount along with Rs.20,000/- (Rupees twenty thousand) only towards   mental agony and harassment along with   Rs.5000/-  (Rupees five thousand) only towards litigation expenses.    The order be complied with by the OPs within a period of one month from the date of communication of this order, failing which the complainant will be at liberty to  execute the same against the OPs in accordance with law.

The order is pronounced on this day the  8^th June, 2022  under the seal & signature of the President and Members  of the Commission.

                                                                            (S.TRIPATHY)

                                                                               MEMBER(W) 

Dictated & corrected by me

           Member ( W) 

I agree                                                                            I agree

Member                                                                          President   

(B.R.SWAIN)                                                                (K.C.RATH)

Transcribed by Smt.M.Kanungo, Sr.Steno :