SRI BIJAYA KUMAR DAS,PRESIDENT:-
Deficiency in service in respect of sale/delivery of a second hand car in place of a new car are the allegations arrayed against the Opp.Parties.
2. Complaint, in brief reveals that complainant on dtd.08.08.2015 purchased a new Nano Twist XT car from M/s. ACE Auto Cars Pvt. Ltd.(OP No.1 to 3). The vehicle was purchased being financed by OP No.4 M/s. Tata Motors Finance Ltd.. It is alleged that when complainant to avail the service of the vehicle proceeded to the authorized servicing center after purchase of the vehicle complainant came to know that the said vehicle is an old one and the same was sold to one Binod Bastia (OP No.5) prior to its delivery to complainant. It is also alleged that Ops suppressing such facts sold the vehicle to the complainant and the vehicle occurs different problems and was not in running condition, further the OP No.1 to 4 assured the complainant to reduce the cost of the vehicle and rectify their mistakes, but OP No.1 to 4 did not comply their commitments, hence the complaint before the Forum with prayer seeking direction of the Forum to OP No.1 to 4 to pay Rs.3,10,000/- and the cause of action arose on dtd.08.0-8.2015 when the complainant purchased the vehicle and lastly on dtd.19.11.2016, when OP No.1 to 3 and 6 served a legal notice on complainant.
3. Upon notice OP No.1 to 3, M/s.ACE Auto Cars Pvt. Ltd. appeared through their Ld. Counsel and filed written statement into the dispute after lapse of the mandatory period accordingly set ex-parte U/S.13(2)(b)(ii) of the C.P.Act,1986. OP No.4 though appeared into the dispute, but did not prefer to file any written statement. OP No.5 & 6 inspite of receipt of the notice remained absent in the proceeding. Accordingly, OP No.4 to 6 were set ex-parte by this Forum.
4. Take up the hearing of the case on merit as non-appeared on behalf of parties on date of hearing. Complainant to substantiate his allegations filed documents as per the list, which includes attested photo copy of Advocate’s notice dtd.09.11.2016, R.C.Book and Regd. Certificate of disputed vehicle,, S/B pass book of complainant, Tax-Invoice, money receipts dtd.22.09.2015 issued by OP No.1 to 3,DeliveryChallan of OP-Auto Cars,ACE Auto Cars Pvt.Ltd. dtd.08.08.15. The fact reveals from the complaint, and documents that, complainant purchased a Nano Twist XT car from the Authorised dealer M/s. Auto Cars Pvt. Ltd. bearing Regd. No.OD-05P 7591 on dtd.08.08.2015. The said vehicle was financed by Tata Motors Finance Ltd.. The documents i.e. Delivery challan dtd.08.08.2015, the Tax-invoice and the money receipts granted by OP No.1 to 3 dtd.22.09.2015 creates grievous doubts in transparency of business dealing of OP. The document presented before us reveals that the vehicle was sold to complainant on dtd.08.08.2015. The vehicle was registered under R.T.A,Cuttack on dtd.13.08.2015, but the money receipts granted by OP No.1 to 3 and the Tax Invoice reveals that the owner of the vehicle is recorded as Binod Bastia(OP No.5), and the change of ownership takes place just after one month of sale of disputed vehicle to the complainant. Further the legal Notice issued to complainant-loanee reveals that the repayment of loan dues commenced from dt. 15.9.2015 and concluded on dt. 15.2.2020. We, are surprised enough to observe that when the repayment of loan dues starts from dt. 15.09.2015, how the Tax-invoice and money receipt granted by Op- Auto Cars Pvt. Ltd. show that the positive owner of the disputed vehicle is Binod Bastia (OP-5).It appears that something is wrong on part of the Ops, which may lead to criminal conspiracy and which cannot be decided in a summary manner, needs investigation and elaborate evidence, to held the Ops liable for deficiency in service and in the absence of Op No. 4 to 6 the Financer and Binod Bastia (OP-5) and lack of cogent evidence if any order is passed against the Ops, same will be miscarriage of Justice.
Accordingly, it is suggested that as the allegation of the complainant may relate to cheating/forgery which comes under the provision of Indian Penal Code, complainant has to sought relief on approaching proper Court of Law or to take other legal recourses available to him for redressal of his grievance and to find out the real facts of the dispute. We dispose of the complaint with aforesaid observations without any cost to the parties.
Pronounced in the open Court, this the 16th July,2018.
I,agree.
Sd/- Sd/-
MEMBER PRESIDENT
