PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                         CONSUMER COMPLAINT NO. 57/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Mirza Arshad Beg,

S/O- Mirza Rashid Beg,

R/O-Daily Market, Hatipada, Jharsuguda

Dist-Jharsuguda-768201, Odisha.                                        ……….......Complainant.

Vrs.

1. M/S Jalan Automobiles Pvt. Ltd.

Authorised Dealer-Ashok Leyland Vehicle, At-N.H.6, Remed Chowk,

Sambalpur-768005                                                        .…....……….Opp. Party

Counsels:-

1. For the Complainant         :- Sri. Rajesh Kumar, Adv.
2. For the O.P.                        :- Sri. S.K. Samal, Adv. & Associates

Date of Filing:16.02.2024,  Date of Hearing :16.04.2024,  Date of Judgement :27.05.2024

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The Complainant filed this complaint alleging sale of an used vehicle, Trailer bearing Model No. NA5525W/34TTCC Chasis No. MBIT2VLD3PPJW 9586 Engine No. PJPZ-505003 on 07.11.2023 financed from Hinduja Ley land finance Ltd. Sambalpur Branch. Mud was found in outer parts at the time of delivery and later on detected the parts are rusted. GPS of the vehicle was applied by one Subrat Kumar Lenka which was not enabled. On enquiry it was found vehicle was delivered on May 2023. It is an unfair trade practice and the O.P. is liable for compensation and replacement of the vehicle.
2. The O.P. after appearance also not filed any version.
3. Perused the documents filed by the Complainant. The Complainant filed installation certificate dated 07.11.2023. The vehicle has been allotted temporary registration certificate No. T1123OR 1914B by the R.T.O., Sambalpur and road worthiness certificate was issued on 30.08.2023. Vehicle was delivered on 07.11.2023 after receipt of Rs. 40,40,000/- by the O.P. The Complainant filed sale certificate. Tax invoice, Policy No. 345600/31/2024/5528. The Complainant filed colour photos including details of G.P.S, sale certificate of Sangram Yadav showing year of manufacturing and date of delivery and service details during warranty period.
4. From sale certificate it reveals that the O.P. on 07.11.2023 delivered the vehicle Model No. NA5525N/34TTCC chasis No. MB1T2VLD 3PPJW 9586 and Engine No. PJPZ505003 to the Complainant. The O.P. issued installation certificate on 07.11.2023. Temporary certificate of registration was issued by Regional Transport Authority on 09.11.2023. From GPS track report filed it reveals that dealer 86678, Jalan Auto Sambalpur, CAF submitted date 05.10.2023 at 5.11, vehicle status stopped, reason for disconnect, CAF status-RESUBMISSION, CAF rejected date 06.10.2023, CAF resubmission date 01.12.2023. From this report it is clear that the vehicle was placed for GPS connection prior to sale of the vehicle to Complainant but the same was rejected. After purchase of the vehicle resubmission made and GPS connection was allowed. This very fact proves that to someone vehicle was sold and when GPS connection not made it was sold to the Complainant on 07.11.2023. The O.P. not gave any answer to whom it was sold earlier and why GPS connection was applied for whom. The photographs filed show that mud is covered and the parts of the vehicle are rusted. The O.P. has sold the same vehicle to Sangram Yadav on 16.10.2023 and vehicle manufacturing year in Aug. 2023. The RTO location shows Kohima, Nagaland. Prior to Sale of the vehicle to the Complainant it was used by another purchaser it is proved. From service report also it reveals that various problems arose and repair made in a new vehicle.

Sale of an used vehicle. Second hand in the name of new vehicle amounts to unfair trade practice on the part of O.P. The O.P. adopted unfair means and kept the Complainant in darkness about the previous use.

Accordingly, following order is passed:

ORDER

The complaint is allowed against the O.P. The O.P. is directed to replace the vehicle with same mode within one month of this order failing which the O.P. shall be liable to pay Rs. 40,40,000/- with 6 % interest P.A. from date of purchase till realisation. For unfair trade practice the O.P. is liable to pay compensation of Rs 2.00 lakhs and litigation expenses of Rs. 20,000/-to the Complainant.

Order pronounced in the open court on this 27^th day of May, 2024.

Supply free copies to the parties.