As per direction of the hon’ble scdrc odisha cuttack vide its letter no 3078 dot 31.12.10 the case is taken up by us on merit and the present president not participated in this case on he was having power for the complainant earlier to appointment as president of this forum.
This is a complainant for a direction to ops be hard over the document and paper of the vehicle bearing no OR-O9D-1021 along with compaction of rs 10,000/-towards mental agony and RS 2000/- for cost of litigation and in ultimate o.p be directed to take back the vehicle and refund the consideration amount of rs 15000/- with interested @ rs 12% p.a from the date of purchase ie on dot 10,000/- for mental agony and 2000/- for cost of litigation.
The brief fact of the case is that the op has sold a seizure Yamaha crux motor cycle bearing registration no OR-09D-1021 to the complainant on resale basis on receipt of rs 15000/- on dot 5.7.05 as against the maj no 0167841 with a promise to provide from after but the Op did not provide the same to the complainant even after receipt of full consideration amount and several request and reminders and receipt of advocate notice as result the vehicle ownership could not be changed and the complainant could not the motor cycle on road and hence this complainant.
After service of notice o.p filed written version stating that this case is not maintainable as there is no cause of action the case is bad for non-joinder of parties and the complainant is not a consumer and this court has no jurisdiction to entertain this court has no jurisdiction to entertain this dispute and only Mumbai court shall have the jurisdiction in respect of any claim arising out of the in connection to the loan terms and the president matter is purely contractual in nature as such the dispute is not maintainable and the vehicle has taken on financial help and here this op is no way deficient in service and prayed to dismiss the case.
Perused the documents. There is no dispute that the op has sold the seizure vehicle to the complainant on receipt of ra 15000/- and despite request and receipt to consideration amount and advocate notice the op did not come forward to hand over the proper documents for which the complainant could not be able to charge the ownership of the motor cycle and also unable to run the vehicle on road. That besides law is well settled that selling of vehicle without proper documents is nothing but unfair trade participate as such the complainant is entitled to get relief from the op.
Apart from that the submission made by the o.p that the vehicle has taken by the complainant on loan and hence coming under the terms and conations of the loan agreement is not accepted as the vehicle purchased by this complainant on outright cash payment and in support obtained money receipt as regards to maintainable this complainant purchased the motor cycle on payment of cash and the op has sold it to the complainant.
So under these facts & circumstance we held that the o.p is deficient in service by not providing proper sale document to the complainant.
Accordingly it is directed that the o.p is to provide the proper documents as against the motor cycle learning no-OR-09D-1021 to enable the complainant for charging of ownership and to pay rs 5000/-towards compensation for mental agony and cost of litigation this order be complied within 30 days of receipt order. In after rate o.p is bound to return the proceeds of the vehicle i.e rs 15000/- to the complainant rs 5000/-towards compaction for mental agony and financial loss within 15 days time in case the o.p failed to comply the 1st portion of this order and in the event complainant is directed to return the vehicle the o.p on receipt of sale proceeds and compensation amount. Accordingly the case is disposed of.
