PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR
Consumer Complaint No.- 17/2023
Present-Dr. Ramakanta Satapathy, President,
Sri. Sadananda Tripathy, Member
Vattikuti Veer Raju,
S/O- Surya Rao,
Village-Babebira Canal, Po-Babebira, Ps-Attabira,
Dist-Bargarh-768027. .……….......Complainant.
Vrs.
- M/S Gromax Shiv Shakti Automobiles,
In front of Poddar Petrol Pump, N.H.55, Sambalpur,
Sindurpank, Ps-Sadar, Sambalpur,
Dist-Sambalpur-768005.
- Inspector-In-Charge, Sadar Police Station,
Sambalpur, Near Sindhurpank Chowk,
Dist-Sambalpur, Pin-768005.
- Regional Transport Office, Bargarh,
PO/PS/Dist-Bargarh-768028. ...……….Opp. Parties
Counsels:-
- For the Complainant :- Self
- For the O.P. No.1 & 2 :- Ex-parte
- For the O.P. No.3 :- A.K.Senapati, Govt. Pleader, SBP
Date of Filing:13.02.2023, Date of Hearing :22.08.2023 Date of Judgement : 09.10.2023
Presented by Sri Sadananda Tripathy, Member.
- The case of the Complainant is that the Complainant purchased a Tractor from OP No. 1 on 16.12.2019 for an amount of Rs. 5,60,000/- for cultivation. The OP No. 1 obtained temporary certificate of registration and supplied the vehicle from Sonepur Out-let. Thereafter the Complainant registered the vehicle before OP No. 3 on 21. 01.2020 after receipt of the payment. Since from registration of the vehicle, the Complainant is using the vehicle for his cultivation purpose. On 22.01.2023, the OP No. 2 through telephone called the Complainant to attend the Police Station. The Complainant attended the Police Station with all papers and discussed about the allegation. From the discussion, the Complainant came to know that the above vehicle has been sold to one third party by the OP No. 1 and without disclosing the name of the said purchaser, the OP No. 2 directed to surrender the vehicle before the OP No. 2 within 10 days. The Complainant contacted the OP No. 1 but no respond. The OP No. 2 was requested but no any letter of surrender/direction was issued. In the other hand the OP No. 2 is pressing hard to surrender the vehicle which is illegal. Hence, this case.
- The OP No. 1 & 2 are set-exparte and the OP No. 3 has failed to file his Written Version.
- After going through the records, evidences and documents, it is observed that after registration of the vehicle, the Complainant is using the vehicle for his cultivation purpose. On 22.01.2023, the OP No. 2 through telephone called the Complainant to attend the Police Station. From the discussion with the OP No. 2, the Complainant came to know that the above vehicle has been sold to one third party by the OP No. 1 and without disclosing the name of the said purchaser and without acknowledging the legal reason, the OP No. 2 directed to surrender the vehicle before the OP No. 2 within 10 days and the OP No. 2 is pressing hard to the Complainant to surrender the vehicle. The Complainant contacted the OP No. 1 but no respond by the OP No. 1. So, deficiency in service found against the OP No. 1 & 2, what was the reason to call the Complainant to surrender the vehicle, although it is in the name of the Complainant and harassed him. Non disclosure of allegations against Complainant is a deficiency in service.
Accordingly, it is ordered:
ORDER
The case is disposed of on merit. The O.P No. 1 & 2 are directed to disclose the name of third-party to whom the above vehicle has been sold. Further the OP No. 2 is directed to submit the details of F.I.R/Station Diary if any submitted by Third Party and on what authority directed the Complainant to surrender the vehicle. Further, the OP No. 1 & 2 are directed to pay compensation of Rs. 1,00,000/- each separately towards harassment and mental torture and Rs. 15,000/- towards cost & litigation expenses of the petition to the Complainant within 30 days from the date of order, failing which the amount will further carry with 9% interest per annum till realization to the complainant.
Order pronounced in the open Court today on 9th day of Oct, 2023.
Free copies of this order to the parties are supplied.
