Tamil Nadu

StateCommission

A/396/2022

The Manager - Complainant(s)

Versus

Arumugam - Opp.Party(s)

M.Arunachalam

20 Apr 2023

ORDER

IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

 

Present:   Hon’ble THIRU JUSTICE R. SUBBIAH  : PRESIDENT

                 THIRU R  VENKATESAPERUMAL          :    MEMBER

 

F.A. No. 396 of 2022

(Against the order passed in C.C. No.11 of 2021 dated 07.06.2022 on the file of the D.C.D.R.C., Villupuram)..

 

Thursday, the 20^th day of April 2023

 

1.  The Manager,

M/s. TVS Credit Service Limited,

Chaitany,

No.12, Kadhar Navaskhan Road,

Nungambakkam,

Chennai – 600 006.

 

2. The Manager,

M/s. TVS Credit Service Limited,

No.29, Jayalakshmi Estate,

Haddows Road, 3^rd Floor,

Nungambakkam,

Chennai – 600 006.      .. Appellants 1 & 2/ Opposite Parties 5 & 6.

 

- Vs –

1. Arumugam,

S/o. Mr. Varadaraj,

Aasanoor Road,

Thirukkoilur Taluk.                      .. 1^st Respondent/ Complainant.

 

2. Thirumal,

Proprietor,

Sri Shanthi Agencies,

TVS Vehicle Dealer,

No.139/71, South Street,

Thirukkoilur Town.

 

3. Jayaprakash,

Manager,

Sri Shanthi Agencies,

(Loan Section),

No.139/71, South Street,

Thirukkoilur Town.

 

4. Ravi,

Branch Manager,

TVS Service Station and Spare Parts,

TVS Vehicle Dealer,

Mela Veethi,

Thirukkoilur.

 

5. Sri Shanthi Agencies,

Two Wheeler Dealer,

No.139/71, South Street,

Thirukkoilur Town. .. Respondents 2 to 5 / Opposite parties 1 to 4.

 

Counsel for Appellants 1 & 2/

Opposite Parties 5 & 6                                 :M/s. M. Arunachalam

 

Counsel for the 1^st Respondent/Complainant : M/s. S. Gunaseelan

 

 Respondents 2 to 5 / Opposite parties 1 to 4: Served called absent                                                             

                The 1^st Respondent as complainant had filed a complaint before the District Commission against the opposite parties praying for certain directions. The District Commission had passed an ex-parte order, allowing the complaint. Against the said ex-parte order, this appeal is preferred by the opposite parties 5 & 6 praying to set aside the order of the District Commission dt. 07.06.2022 in C.C. No.11/2021.

 

                This petition came before us for hearing finally, today and upon hearing the arguments of the counsels appearing for the Appellants and 1^st Respondent, perusing the documents, lower court records and the order passed by the District Commission, this Commission made the following order in the open court.

 

ORDER

 

JUSTICE R. SUBBIAH ,  PRESIDENT  (Open court)

 

        1.  The opposite parties 5 & 6 before the District Commission are the appellants herein.

 

        2. The case of the complainant before the District Commission is that he approached the showroom of Sri Shanthi Agencies, the 5^th respondent herein to purchase a two wheeler.  The 1^st opposite party who is the proprietor of the said agency gave a quotation dt.10.12.2019 to the complainant.  The 2^nd opposite party assured the complainant that he would arrange for a loan to purchase the vehicle.   By saying so, he had obtained signatures from the complainant in certain documents which were printed in Hindi and English. Believing the words of the opposite parties, the complainant had paid down payment of Rs.13,700/-.  The opposite parties have also informed the complainant to take delivery of the vehicle namely; TVS Scooty Pept Plus and informed that they will call him later for registration of the vehicle.  Accordingly, the complainant had taken delivery of the vehicle.  But the opposite parties did not call him for registration of the vehicle.  Since, the complainant was not having the Registration Certificate, he was not in a position to use the vehicle.   Whenever, the complainant had contacted the opposite parties, they had given an evasive reply.  In fact apart from the payment of Rs.13,700/-, the opposite parties had also received another sum of Rs.10,000/- for registration of the vehicle.  But the opposite parties have not come forward to Register the vehicle.  Only on 12.01.2021 from the legal notice of the 5^th opposite party, the complainant came to know his vehicle number.  Meanwhile on one occasion, the complainant was fined Rs.10,000/- by the Police for riding his vehicle without R.C. Book.  Thus, alleging deficiency of service on the part of the opposite parties, the complainant has filed the complaint before the District Commission claiming the expenses incurred for a sum of Rs.10,000/- without R.C. Book, Registration Certificate etc. Rs.10,000/- towards compensation for mental agony, Rs.60,000/- towards other expenses towards the purchase of the vehicle and Rs.15,000/- towards cost of the proceedings.

 

        3.     Though notice was served, the Appellants/ opposite parties 5 & 6 remained absent before the District Commission and hence on 28.09.2021, they were set ex-parte.  Consequently, the District Commission passed an ex-parte order directing the opposite parties, jointly and severally to issue original receipt for a sum of Rs.13,700/- received as Down payment from the complainant and original receipt for a sum of Rs.10,000/- received as RTO charges.  The opposite parties are further directed to issue copy of RC Book, Insurance, Road Tax to the complainant and to pay a sum of Rs.30,000/- towards compensation for deficiency in service and mental agony caused to the complainant with cost of Rs.10,000/- towards litigation expenses to the complainant.    Aggrieved over the said order, this appeal is preferred by the opposite parties 5 & 6 praying for setting aside the order and for a chance to contest the case on merits. 

 

        4. Before this Commission, the counsel for the appellants/opposite parties 5 & 6 submitted that there is no deficiency of service on the part them.   The entire allegations in the complaint were not against the appellants/ opposite parties 5 & 6 and only against other opposite parties. But the District Commission has passed an order against all the opposite parties including the appellants / opposite parties 5 & 6.  Therefore, they sought to set aside the order of the District Commission and prayed for an opportunity to contest the case on merits.

 

 

        5. When the case had come up before this Commission on 21.03.2023, after hearing the submission of the appellants, this Commission had felt that there is some force in the arguments of the counsel for the appellants/opposite parties 5 & 6 and therefore, in order to give a chance to the opposite parties 5 & 6 to agitate their right on merits, was inclined to allow this appeal by remanding the matter to the District Commission, to dispose of the case on merit.   However, considering the lethargic attitude of the opposite parties 5 & 6 in not appearing before the District Commission, we imposed a cost of Rs.3000/- to be paid to the Legal Aid Account of the State Commission on or before 19.04.2023. Today, when the matter appeared in the list it was reported that the condition imposed by this Commission has been complied with.    Hence, this appeal is allowed today by remanding back the complaint to the District Commission for fresh disposal according to law. 

 

         In the result, the appeal is allowed by setting aside the order of the District Commission, Villupuram, in C.C. No.11/2021 dt.07.06.2022, and the matter is remanded back to the District Commission, Villupuram for fresh disposal according to law and on merits.

 The District Commission is directed to dispose of the complaint within three months from the date of appearance, according to law and on merits.

The amount deposited by the appellants / opposite parties 5 & 6 shall remain in the custody of this Commission, till the disposal of the original complaint.

 

 

 

 

   R  VENKATESAPERUMAL                                                                                                               R. SUBBIAH

                 MEMBER                                                                                                                                   PRESIDENT

 

 

Index :  Yes/ No

 

 

 

KIR/SCDRC/Chennai/Orders/April/2023.