Circuit Bench Nagpur

StateCommission

A/10/679

Genaral Manager Stars Motors - Complainant(s)

Versus

Ashok Ramdasji Zade - Opp.Party(s)

Darshan Siras

08 Aug 2011

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA
CIRCUIT BENCH AT NAGPUR
5 TH FLOOR, ADMINISTRATIVE BUILDING NO. 1
CIVIL LINES, NAGPUR-440 001
 
First Appeal No. A/10/679
(Arisen out of Order Dated null in Case No. cc/81/2010 of District )
 
1. Genaral Manager Stars Motors
44/4 Wanjra Layout N H 7 Kamptee road Nagpur
Nagpur
...........Appellant(s)
Versus
1. Ashok Ramdasji Zade
Mamgalwari peth Jeevan vikas chowk Umrer
Nagpur
...........Respondent(s)
 
BEFORE: 
  Hon'ble Mr.S.M. Shembole PRESIDING MEMBER
  HON'BLE SMT.JAYSHREE YENGAL MEMBER
  HON'BLE MR.N. ARUMUGAM MEMBER
 
PRESENT:
Adv. Mr. Siras
......for the Appellant
 
ORDER

 

PER MR. S.M. SHEMBOLE, HON’BLE PRESIDING MEMBER

          This appeal is directed against the judgment and order dated 08/09/2010 passed by the District Consumer Disputes Redressal Forum, Nagpur  partly allowing the claim of the complainant in complaint No. 81/2010 and directing  the appellant to handover the original documents pertaining the car and to pay compensation at Rs. 10,000/- and Rs.1000/- towards cost of proceeding.


          Brief facts giving ripe to this appeal are that a car was purchased by the respondent No. 1 from the appellant Star Motors who is a dealer of General Motors India Limited. On dated 2/10/2009 the respondent/complainant purchased a car from the appellant and on the same day he received the delivery of the car but the appellant did not hand over the documents of the car. Therefore, respondent/complainant made complaint with the District Consumer Forum, Nagpur, claming the document and also compensation of Rs. 76,695/- for including physical and mental torture.

 

          On hearing both sides the District Consumer Fourm, Nagpur partly allowing the complaint  and directed the opponent to hand over the original documents or its copy at the cost and further to pay an amount of Rs. 10,000/- towards compensation , Rs 1000/- towards cost. The complainant was also directed to execute the indemnity bond. Feeling aggrieved by that order the opponent has preferred this appeal.


 

          We heard Siras, Advocate for the appellant and perused the copy of complaint and copy of impugned judgment and order and also the other copies of documents. Mr. Siras, learned advocate for the appellant submitted that the documents pertained to the car are already handed over the authorized agent of the complainant/respondent but no acknowledgement was obtained as per routine practice. But he would not explain as to who is the authorized agent of the complainant. Therefore, we find that, the learned District Consumer Forum, Nagpur has rightly allowed the complaint. We do not find any reason to interfere with the impugned order. Hence we pass the following order.


 

ORDER


 

1.      Appeal is dismissed summarily.

          2       No order as to cost.


 

Pronounced on 08/08/2011.
 
 
[ Hon'ble Mr.S.M. Shembole]
PRESIDING MEMBER
 
[ HON'BLE SMT.JAYSHREE YENGAL]
MEMBER
 
[ HON'BLE MR.N. ARUMUGAM]
MEMBER

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