Judgment dated 27-07-2016

             This is a complaint made by Jayanta Rana son of Jagadish Rana residing at 209, Baghajatin Talpukur, P.S. Patuli, Kolkata-700086 against Balaram Saha, Proprietor of Doyamoy Motors, 86/3, Biplabi Ullashkar Dutta Road, P.S. Jadavpur now Patuli and Seven Point TVS, authorize dealer of TVS company praying for a direction upon the OPs to deliver the sale letter with registration documents in respect of the two wheeler and cost.

            Facts in brief are that Complainant purchased Two wheeler Model No.TVS Jupiter from Dayamoy Motors after making down payment of Rs.24,341/- and balance money was to be paid by L & T Finance Company for installment of Rs.1,663/- per month. After delivery of two wheelers OP No.1 could not deliver the sale letter with registration document in respect of two wheeler till filing of this case. Complainant informed OPs. OP No.1 gave a reply that the said sale letter and registration document would be handed over by 22/07/2015. But OP did not deliver. So, Complainant filed this case.

            On the basis of above facts the complaint was admitted and written version was filed. After it Complainant filed affidavit-in-chief against which questionnaire were not filed and the argument was heard.

            Written version has been filed by OP No.2 the authorized dealer of Seven Point TVS wherein the allegation of the complaint petition has been denied. It is stated in the written version OP No.2 has no responsibility if any dispute has arisen between Complainant and OP No.1.

Decision with reasons

            Complainant has filed affidavit-in-chief wherein he has reiterated the allegation of the complaint petition. Complainant has also filed Xerox copy of certain documents showing that he made payment of Rs.24,341/-  and he has submitted in written argument the rest of the amount to be paid in installment by L & T Finance Company. Surprisingly Complainant has not made party to L & T Finance Company upon whom the burden of payment of installment rests. There is every proposal that registration might have been with the L & T Finance Company. Accordingly, it is clear that Complainant has not come to the Forum with clean hands and so he is not entitled to any of the reliefs.

            Hence,

O R D E R E D

            CC/42/2016 and the same is dismissed on contest.