Dated: 03.03.2023

O R D E R

BY HON’BLE Mr. JUSTICE HULUVADI G RAMESH : PRESIDENT

1. This is an appeal filed U/s.41 of CPA 2019 by Complainant aggrieved by the order dtd.04.10.2021 passed in CC/8/2020 on the file of 1^st Addl., District Commission, Bengaluru urban. 
2. The Commission examined the grounds of appeal, impugned order, appeal papers and heard.
3. The Complainant filed Consumer Complaint before District Commission alleging deficiency of service on the part of OPs with a prayer to direct OP to refund the cost of the car on road i.e., Rs.5,81,782/- and to award Rs.4,00,000/- as compensation for mental agony and sufferings. OP.1 failed to appear in the proceedings, was placed exparte while OP2 appeared through learned counsel and contested the matter. The Commission below after holding enquiry dismissed the complaint on the ground that no expert evidence is produced by the complainant to show that the said vehicle had already met with an accident and also no sufficient evidence placed to show deficiency in service, deceptive sale practice and unfair trade practice on the part of OPs. Aggrieved by the said order complainant preferred this appeal.
4. The Appellant/complainant had purchased Hyundai I10 1.1 GI Sports SW-5R wine red car on 07.11.2015 bearing chassis No.MALAM 51BLFM 640437 and engine No.G4HGRM900002.  It is specific case of the complainant that when there was frequent trouble in the purchased car despite of giving repairs to OP2/Respondent No.2 herein, had investigated with the history of the vehicle and found that the vehicle bearing chassis No.MALAM 51BLFM 640437 had met with an accident on 25.10.2015 itself when it has covered only 172 kms. On the contrary, OP2/Respondent No.2 herein in its version before the Commission below states that the similar vehicle was sold to one Mr.Kailash M.G. bearing chassis No.MALAM 51BL5M 640438, had met with an accident and not the vehicle sold to complainant/appellant herein. By mistake while entering in the history of the vehicle instead of mentioning the last 02 digit as 38 has been mentioned as 37. The Commission below after holding detailed enquiry observes – “....though the vehicle history mentioned that on 26.10.2015 the vehicle bearing chassis No.MALAM 51BLFM 640437 has come up for accidental repair at 172kms mileage.  It cannot be believed that when the said vehicle was registered with RTO authorities in the name of the complainant on 07.11.2015 as per the RC, how it can be as road and met with an accident has not been explained.”, which in our view does not call for any interference of this Commission. Accordingly proceed to dismiss the appeal with no order as to cost.
5. Notify copy of this Order to the District Commission and parties

Lady MemberJudicial MemberPresident

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