Goa

StateCommission

A/82/2014

HDFC Bank Ltd. & another - Complainant(s)

Versus

Mahendra Tamse & another - Opp.Party(s)

Tapasya Vernekar

17 Nov 2014

ORDER

Goa State Consumer Disputes Redressal Commission
Panaji-Goa
 
First Appeal No. A/82/2014
(Arisen out of Order Dated 28/07/2014 in Case No. CC/34/2012 of District North Goa)
 
1. HDFC Bank Ltd. & another
Branch office at 2nd Floor, Metropolis II, Behind Vintage Hospital, St. Inez, Panaji Goa 403001
North
Goa
2. Ajit Kappan
Manager, Collection Department, HDFC Bank Ltd, 4th Floor, Milroc LAr Menezes, Opp. Gomantak Maratha Samaj, Swami Vivekananda Road, Panaji Goa 403001
North
Goa
...........Appellant(s)
Versus
1. Mahendra Tamse & another
Doordarshan Kendra, Altinho,Panaji Goa
North
Goa
2. The Assistant Director of Transport
RTO, Mapusa Goa
North
Goa
...........Respondent(s)
 
BEFORE: 
 HONABLE MR. JUSTICE N.A.Britto PRESIDENT
 HONABLE MR. Shri. Jagdish Prabhudesai MEMBER
 
For the Appellant:
For the Respondent:
ORDER

In conclusion, it may be observed that complaint was filed by the Complainant by suppressing two documents and by fabricating a case that the Complainant was assured that he would be given the registration certificate within a short period. A Complainant who comes to a Forum by suppressing documents need not be shown any indulgence, particularly, in this consumer jurisdiction which is summary. We have already concluded that the Complainant’s case that he was assured that the registration certificate would be given within a short period is fabricated, and, is otherwise contrary to the said two documents signed and given by him to the Bank. The Complainant could not have demanded the registration certificate from the Bank more so because the Complainant himself had stated in writing dated 30/03/06 that he would get the registration certificate duly transferred in his name. That the Bank had shown its willingness to help him to obtain one, does not mean that the Complainant is entitled to obatin such a certificate from the Bank, the Complainant having purchased the vehicle in auction on “ as is where is” basisi on 30/03/2006. Only because the Bank had applied for transfer of the vehicle more than two years later in its own name that would not give the Complainant a right to demand the registration certificate from the Bank.

For the above reasons, we allow this appeal and set aside the impugned order dated 27/08/2014, and, dismiss the complaint, and considering the facts, with no order as to costs.

 
 
[HONABLE MR. JUSTICE N.A.Britto]
PRESIDENT
 
[HONABLE MR. Shri. Jagdish Prabhudesai]
MEMBER

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