Facts as embodied in complaint is that, the complainant intended to purchase a new car namely Maruti OMNI. OPs (JK Wheel Pvt. Ltd. and The Chief Executive Officer of JK Wheels) offered him an exchange offer of his old car as existed number WB 02 X/9342. Complainant agreed to the proposal since he was entitled to be set off a major amount from his paid amount behind new car. Thereafter for the purchase of new car Maruti OMNI complainant gave rest amount for purchase and took the receipt of that from the OP. At the time of delivery of new car company, OP took the old car from the possession of the complainant. But still now OP did not transfer the name of previous owner (Complainant) or did not hand over any documents regarding change of name etc. deleting the name of complainant which they undertook to do so. So these OPs intentionally breached the obligation in respect of old exchange and handing over to the third party for unlawful gain. They are using the same unsafely in hazardous condition in which criminal liability may impose on him. The complainant came to know that the old car was running in Calcutta. He has to move before the court for that on message as earlier owner. The old car was not now under any insurance. This complainant repeatedly requested the officer of OP to do needful but they paid no heed. So it is an unfair trade practice on the part of the OPs and also a deficiency of service. Complainant gave legal notice of it but no result. Hence he approached before this forum/ commission for compensation of rupees five lakhs.

          In order to prove the contention of the complaint, the complainant examined himself where he deposed that due to not changing ownership he had to suffer financial loss for which he had to face criminal liability/ proceeding and to pay fine two times behind this old car. The old car now remained as uninsured and without change of any ownership but running in the road as under his ownership. At present complainant made application to RTO to block the number of the car. He urged for proper relief.

          Complainant filed invoice of the new car and advocate notice to the OP behind his suffering.

OP did not turn up, hence exparte arose.

DECISION

On the strength of unchallenged testimony of PW1 and on perusal of legal notice to OPs as document filed by the complainant, OPs are directed to change the ownership of this complainant from the car bearing no WB 02 X/9342 within thirty days from this order otherwise complainant has liberty to start proceeding U/S 72 of CP act 2019 as well as criminal proceeding for cheating against them. Complainant also do get litigation cost from the OP at the tune of Rupees Fifty thousand and also entitles to get compensation at the tune of rupees two lakhs for his harassment.

Hence,                          Ordered

The complaint petition is in success with a direction to the OPs jointly and severally to change the name of the complainant from his ownership of the vehicle bearing no WB 02 X/9342 within one month from the date of this order.

           Complainant do get compensation as well as litigation cost at the tune of rupees two lakh fifty thousand from the OPs jointly or severally i/d complainant would be competent to hold/ initiate the proceeding U/S 72 of CP Act 2019 and simultaneously to initiate criminal proceeding to the proper commission.

Let a copy of judgment/final order be supplied to the complainant at a free of cost.