Shri P.N. Kashalkar, Hon’ble Presiding Judicial Member This is an appeal filed by org. complainant whose complaint has been dismissed by the District Consumer Forum, Sindhudurg in consumer complaint No.16/2007 decided on 04/12/2008. The facts to the extent material may be stated as under :- It was the case of the complainant in the Forum below that O.P./Bank (Sawantwadi Urban Co-op. Bank Ltd.) has sold him one vehicle bearing MH-04-N-1860 for `15,000/-. Towards consideration of the said vehicle in the account of Mr.Ladoba M. Taishetye, who owed certain amount to the Bank, said amount was deposited on 17/04/2006. It was the case of the complainant in the Forum below that he required RC Book and other documents of the vehicle. Hence, he asked O.P.No.1/Bank to give him RC Book and other documents, but Bank did not hand over the RC Book to him and therefore, he could not ply the vehicle for about 3 years. Since the Bank had not given him RC Book, his name could not be registered in the RC Book as registered owner and it is for this reason, he is deprived of enjoying of the vehicle though he had purchased it from the Bank. He therefore filed a consumer complaint praying that the Bank should be directed to give him RC Book and he should be given due compensation for the deficiency in service on the part of the Bank. He had also impleaded Chairman of the Bank and one Mr.Taishetye as O.P.Nos.2&3. In response to the notice, O.P.Nos.1&2 filed their written version at Exhibit-10. O.P.Nos.1&2 specifically pleaded in their written version that there was no transaction of sale of any vehicle between the Bank and the complainant and therefore, consumer complaint against the Bank is not tenable in law. Bank pleaded that the fact of the matter is that one Mr.Ladoba Taishetye was owner of the said vehicle. It was purchased by the complainant directly from Mr.Taishetye and amount of consideration was deposited by the complainant in the account of Mr.Ladoba Taishetye because said Mr.Taishetye owed certain amount to the Bank. The complainant repaid the said loan at the instance of Mr.Taishetye. The Bank pleaded that they are not responsible for giving RC Book to the complainant since there was no sale transaction of the vehicle between the Bank on one hand and complainant on the other hand. Hence, the Bank pleaded that complaint should be dismissed with costs. O.P.No.3 had also filed written version, but we are not concerned with the same. On the basis of affidavits and documents placed on record, Forum below clearly gave finding that the vehicle in question was belonging to the Bank, but complainant had not purchased the vehicle directly from the Bank. The complainant deposited `15,000/- in the loan account of Mr.Taishetye and it appears that from Mr.Taishetye, complainant had purchased the said vehicle. Therefore, Forum below rightly held that there was no transaction of sale and purchase of vehicle between the complainant on one hand and O.P.Nos.1&2 on the other hand. There was even no written agreement between the Bank and the complainant. As such, Forum below held that the complainant cannot be said to be a consumer of the Bank within meaning of Section 2(1)(d) of Consumer Protection Act, 1986. The Forum below also held that from the averments made in the complaint, it was clear that the original documents of vehicle were misplaced by Mr.Dada Marathe or by Mr.Taishetye and that is why the complainant could not get RC Book and other documents pertaining to the vehicle, which he purchased from Mr.Taishetye for which the Bank was not responsible in any manner. In the circumstances, Forum below was pleased to dismiss the complaint. As such, org. complainant has filed this appeal. We heard both the parties. We are finding that there is absolutely no merit in the complaint filed by the complainant in the Forum below. There is also no substance in the appeal preferred by the complainant being aggrieved by the dismissal of complaint passed by the Learned Forum below. We reiterate that there was no sale transaction of vehicle in question between Bank on one hand and complainant on the other hand. Complainant seems to have purchased the vehicle from Mr.Taishetye and at his instance, he had deposited amount of `15,000/- in the loan account of Mr.Taishetye, which is maintained in the Bank. But, simply by depositing certain amount of other borrower, appellant cannot claim himself to be a consumer who had not purchased vehicle from the Bank directly. No such written proof is adduced on behalf of appellant to show that he had purchased the vehicle directly from the Bank and unless this is established, Forum below has rightly held that he cannot be held as ‘consumer’ of the respondent/Bank. In the circumstances, we find no substance in the appeal. Appeal filed by org. complainant is devoid of any merit. Hence, we pass the following order :- -: ORDER :- 1. Appeal stands summarily dismissed. 2. No order as to costs. 3. Copies of the order be furnished to the parties. |
