DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Dated this the 27th day of June 2011
Present : Smt.Seena.H. President
: Smt. Preetha G Nair, Member
: Smt.Bhanumathi.A.K. Member Date of filing: 18/06/2011
(C.C.No.82/2011)
K.P.Usman,
S/o.Bava,
Koppath Parammal,
P.O.Kondukkara,
Ottapalam Taluk - Complainant
(By Adv.T.V.Pradeesh)
V/s
1. Sreeram Transport & Finance
Company Ltd.,
Kozhikode Branch,
Rep.by Manager,
Trident Complex,
Cherooty Road,
Calicut – 673 001.
2. Sreeram Transport & Finance Co.Ltd
Palakkad Branch,
Rep.by Manager,
2nd Floor, Sunshine Complex,
T.B.Road, Palakkad. - Opposite parties
O R D E R
By Smt.PREETHA G NAIR, MEMBER
Complaint is with regard to the deficiency in service on the part of opposite parties on non payment of the amount paid at the time of participating in the auction and not hand over the possession of the vehicle for the amount bid by the complainant. Complainant has paid an amount of Rs.1,000/- to take part in the auction and participated in the auction at Kozhikode on 23/3/2011. Complainant participated in the auction and Bid for vehicle No.KL-13/D/5835 TATA 407 1998 Model vehicle for a total amount of Rs.79,000/- and paid an amount of Rs.8,000/- towards the bid amount. Thereafter the opposite party refused to accept the balance amount and handed over the vehicle on the ground that the amounts due to the welfare fund was not paid by the complainant. Complaint posted for hearing on admission. Heard complainant.
Complainant stated that the auction was conducted in Kozhikode and the 2nd opposite party is within the jurisdiction of the Forum. Firstly consider the complainant is a consumer under the Consumer Protection Act. In the present case the complainant has participated in the auction purchase and bid for the vehicle. In Haryana State Agricultural Marketing Board and another V. Baru Singh and others 2011 CTJ 340 (CP) (SCDRC) the State Commission held that grievance of an auction purchaser will not give rise to a consumer dispute and the consumer Forums will not have jurisdiction to entertain the same. Also the auction was not conducted within the jurisdiction of the Forum.
In the result without going into the merits of the case we dismiss the complaint with direction to approach appropriate Forum for relief.
Pronounced in the open court on the 27th day of June 2011.
Sd/-
Seena.H
President
Sd/-
Preetha G Nair
Member
Sd/-
Bhanumathi A.K
Member
