Order No. 19 Dated : 11.3.2019
FINAL ORDER/J U D G E M E N T :-
Hon’ble Mr. Syed Nurul Hossain, President :-
This is an application under Section 12 of Consumer Protection Act, 1986 filed by the Complainant Mrs. Anita Das against Sona Wheels Private Limited and Mahindra & Mahindra Financial Services Limited for direction upon the O.P. Sona Wheels Private Limited to hand over the entire relevant papers of the vehicle in question and to make her payment of Rs. 1 lakh for loss suffered by her and to pay compensation of Rs.25,000/- for deficiency of service and a further sum of Rs. 25,000/- for causing her mental pain and agony. Further prayer of the complainant was to direct the O.P to pay a sum of Rs.10,000/- towards litigation cost.
The case of the complainant, in brief, inter alia, is that on 31.7.2016 the complainant purchased vehicle of Mahindra Scorpio S10 BS4, having chassis number G2F10466, Engine No. SJG4F20316 from Sona Wheels Private Limited following an agreement of hire purchase with O.P Mahindra & Mahindra Financial Services Limited, subject to condition that O.P Mahindra & Mahindra Financial Services Limited will provide Rs. 9,50,000/- as loan to her against said car. It will carry interest of Rs.2,94,500/-. Therefore, the sum total stands at Rs. 12,44,500/- on condition that the entire loan amount will be reimbursed by the complainant to the O.P. Mahindra & Mahindra Financial Services Ltd. within sixty months by fiftynine equated monthly installments starting from 10.8.2016. The O.P. Sona Wheels Private Limited is the authorized Sales & Services Centre of O.P Mahindra & Mahindra Financial Services Limited. From the show-room of O.P Sona Wheels Private Ltd. Scorpio S10 BS4 was being delivered on 31.7.2016 with proprietor sale receipt i.e. tax invoice of transaction. After delivery of vehicle the complainant has deposited equated monthly installments up to December, 2017. In other words, seventeen equated monthly installments have already been paid, but no ownership paper of the relevant vehicle was being handed over to the complainant by the said authorized agent being O.P Sona Wheels Private Limited. After lapse of one and half months and complainant was asked to take the vehicle to the Regional Transport Authority, Jalpaiguri, for registration of the vehicle. The complainant then produced the vehicle and got registration no. WB-71-B-0194. After registration of the vehicle Sona Wheels Private Limited took the RCC book and other papers of the vehicle from the Regional Transport Authority. The complainant then deposited a sum of Rs.33,000/- to O.P no. 2 Sona Wheels Private Ltd. After payment of the same the complainant went to the O.P to get all relevant papers of the vehicle from the O.P Sona Wheels Private Ltd. but despite repeated requests relevant papers of the vehicle have not been handed over. Consequently the complainant failed to update the insurance of the vehicle and to pay the road tax of the said vehicle. Failure to pay the road tax, the vehicle of the complainant remained in idle condition at garage. Due to non-operation of the vehicle accessories and machineries of the vehicle made towards junk and it causes usual deterioration of the accessories. Finding no other alternative the complainant on 7.4.2018 through her advocate Shri Tanmoy Das sent legal notice to the O.P Sona Wheels Private Limited to hand over all the relevant papers of the vehicle within a fortnight but even then he did not comply with the legal notice, there is intentional and deliberate harassment from the O.P Sona Wheels Private Limited. Therefore, the complainant has prayed for direction upon the O.P Sona Wheels Limited being the authorized agent of the O.P Mahindra & Mahindra Financial Services Limited to hand over all relevant documents of the said vehicle and to make payment of Rs.1 lakh for loss suffered by the complainant for inaction of O.P. Sona Wheels Private Limited and also he then prayed for direction to pay compensation of Rs.25,000/- for deficiency of service and a further sum of Rs. 25,000/- for causing mental pain and agony. Moreover, she has prayed for direction upon the O.P no.2 to pay Rs.10,000/- towards litigation cost, totaling Rs. 1,60,000/-.
Denying and disputing the allegation the O.P Sona Wheels Private Ltd. in their Written Version stated, inter alia, that the vehicle in question is commercial in nature. It is apparent from the registration number that the said vehicle is commercial one. Moreover, commercial vehicle is not the sole source of earning for the livelihood. However, the said vehicle has not been purchased with intention to earn livelihood by self-employment. But the complainant purchased the vehicle Mahindra Scorpio S10 BS4 from the answering O.P partly by way of cash and rest of the amount from O.P Mahindra & Mahindra Financial Services Limited. The complainant is not a consumer within the meaning of Consumer Protection Act. It has been admitted that the vehicle was purchased from the answering opposite party but the answering O.P is authorized sale & service centre of O.P. Mahindra & Mahindra Financial Service Ltd. At the time of delivery of the vehicle the answering O.P provided sale receipt i.e. tax invoice of transaction. As per guideline the answering O.P has done temporary registration of the vehicle purchased by the complainant. The complainant has done permanent registration number at her own and as such the question of any sort of document of the said vehicle does not arise at all. The answering O.P never received a sum of Rs.33,000/- in respect of the vehicle and no documents are lying with the answering O.P. The complainant has issued a legal notice through her appointed advocate but contents of fact are baseless and false. So, it is for dismissal of the suit.
On the pleadings of the parties the following points are framed for consideration :-
P O I N T S :-
- Whether the vehicle of the complainant has got permanent registration ?
- Whether the complainant has got R. C. book from the Regional Transport Authority ?
- Has the complainant paid the equated monthly installments to the O.P Mahindra & Mahindra Financial Services Limited and its authorized agent being O.P Sona Wheels Private Limited in respect of the vehicle in question ?
- Had the vehicle in question been plying on the road after getting permanent registration number ?
- To what other relief or reliefs the complainant is entitled to both in law and in equity ?
DECISION WITH REASONS :-
All the points are taken up together for the sake of convenience and brevity.
It is admitted fact that the complainant on 31.7.2016 had purchased vehicle Mahindra Scorpio S10 BS4 having chassis no. G2F10466, Engine No. SJG4F20316 from Sona Wheels Private Limited as per Hire Purchase Agreement on condition that the O.P Mahindra & Mahindra Financial Services Limited will provide Rs.9,50,000/- as loan to the complainant against the said car. It carried interest of Rs. 2,94,500/-. Therefore, the sum total stands at Rs.12,44,500/-. There was condition by and between the parties that the entire loan amount along with interest thereon will be reimbursed by 59 equated monthly installments. Both the parties have admitted that the entire loan amount has been paid by the complainant to the O.P. Therefore, the complainant has become the absolute owner of the car in question. It has been admitted that the temporary registration number was given by the O.P to the complainant. During hearing of argument the complainant has admitted that the O.P no.2 has handed over R.C. book of the said vehicle. Therefore, the disputes stand resolved.
The complainant has submitted that the vehicle in question was purchased for her sole earning purpose and as such the Court has jurisdiction to entertain in respect of the vehicle having its commercial number. Also the complainant has paid the road tax insurance. Now it is free to ply the vehicle on the road. She is the absolute owner. Their dispute has been mitigated after service of legal notice through advocate of the complainant Shri Tanmoy Das of the O.P Sona Wheel Private Ltd. It seems to the Court that the vehicle was under possession of the complainant. Payment in question was made but the O.P no.2 has caused delay in handing over the registration certificate of the vehicle, though the said registration certificate has been obtained from the Road Transport Authority. All the above issues be disposed of in the light of the observations as already made.
The Complainant has purchased the vehicle for her sole earning purpose. It has not been proved by the O.P that the complainant did not purchase the same for her earning purpose. To maintain livelihood and to meet up expenses and to maintain living standard the O.P cannot raise dispute. Therefore, the case is maintainable, as the vehicle is meant for sole earning source of complainant.
In the result, it is
O r d e r e d :
that the Consumer case filed by the complainant against the O.P Mahindra & Mahindra Financial Services Limited stands allowed. There will be no order as to cost. The complainant has got registration certificate and can ply the vehicle on the road. There remains no hindrance/obstacle from the end of other O.P. no.1 Mahindra & Mahindra Financial Services Limited and another O.P Sona Wheels Private Ltd. Further this Forum holds that the vehicle has been registered for commercial purpose to ply and earn for survival of the complainant. Therefore, the case is maintainable. There would be no order as to cost. Other reliefsa as prayed for can not be granted in the light of above facts.
