Orissa

Sundargarh

CC/21/2020

Rohit Singh Bag - Complainant(s)

Versus

Managing Director, Odyssey Motor Pvt. Ltd., Jharsuguda - Opp.Party(s)

Sri U.S. Patel, Adv. & Associates

23 Mar 2023

ORDER

     DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: SUNDARGARH-1

            CONSUMER COMPLAINT CASE NO. 21 OF 2020

Rohit Singh Bag, aged about 42 years,

S/o: - Niranjan Singh Bag,

Ro/Vill: - Giringkela,

Ps: -Lephripara,

 Dist: - Sundargarh.                             ….        ….        ….        …..         .....        .Complainant.

                                                 Versus

Managing Director,

Odyssey Motors Pvt. Ltd.,

Authorized Dealers for Maruti Suzuki India Ltd.,

SH-10, Power House Chawk,

Dist: - Jharsuguda, Pin-768201            .…       .…     ....     ....       ….     ….        .Opposite Party.

 

Counsel for the Parties:-

For the Complainant                           : - Sri U.S. Patel, Adv. & Associates.        

For the O.P.                                        :  - Sri P. Padhan, Adv. & Associates.

 

Date of filing               : 29.02.2020

Date of Argument       : 19.01.2023

Date of Judgment       : 23.02.2023

Date of Order: 23.03.2023

Present

          1. Sri Dr. Ramakanta Satapathy, President.

                                 2. Sri Sadananda Tripathy, Member.

 

Presented by, Sri Sadananda Tripathy, Member.

1. The Brief fact of the complainant is that the complainant has purchased one CELERIO VXI AMT Car   bearing Regd. No. OD-33K 8913 from the O.P who is the authorized dealer of Maruti Cars. For which he has paid total consideration amount of  Rs. 3,75,000/- on dtd. 01.07.2018 and dtd. 02.07.2018 to the O.P and after receipt the said amount, the O.P has issued two numbers of Money receipt in favour of the complainant.  At the time of purchase, the O.P has assured the complainant that, ownership of the  vehicle will be transferred in his favour within a week from the date 2^nd July, 2018 but till date after several request made by the complainant the O.P has not transferred the ownership of the vehicle in favour of the complainant for which the complainant is unable to use the vehicle and bound to hire vehicles and for that purpose he has spent lakhs of rupees and more over without using the said car, the complainant used to pay the premium money of the insurance of the vehicle to the insurance company. The complainant sent a legal notice through his advocate on dtd. 01.02.2020 which was received by the O.P but the O.P neither transferred the ownership of the vehicle in favour of the complainant nor he has sent any reply. Even if agreement period has not been over without any prior notice authorized repossession agents of the O.P repossessed the vehicle of the complainant on dtd. 21.01.2019 on S.H-10 near village Kirei from the possession of the driver of the vehicle of the complainant which comes under the deficiency in service by the O.P.
2. The written version of O.P is that the O.P has never given any assurance to the Complainant that the ownership of the vehicle shall be transferred within one week but assured to the Complainant that the ownership shall be transferred after maintaining all the paraphernalia but due to corona the ownership could not be transferred. The O.P has no honest intention. As such there is no deficiency on service. Further in the written version, the O.P mentioned that regarding re-possession of the vehicle, it is not known to the O.P.
3. From the facts and evidences it is found that the O.P has failed to transfer the ownership of the vehicle in favour of the Complainant and also the O.P has no knowledge about the repossession of the vehicle. So the O.P is deficient in service. Accordingly the case is ordered:

ORDER

The O.P. is directed to transfer the ownership of the said vehicle in favour of the Complainant or return back the amount which was given by the Complainant at the time of purchase of the vehicle and to pay Rs. 1,00,000/-to the Complainant in terms of mental harassment, financial loss and sufferings on account of illegal seizure of the car as compensation within 30 days from the date of order, failing which the amount will further carry with 9% interest per annum till realization to the complainant.

Order pronounced in the open Court today on 23^rd day of March, 2023.

Free copies of this order to the parties are supplied.

 

I agree.           

                                                                                                                                           

Dr. Ramkanta Satapathy, President                                          Sadananda Tripathy    

         Member

                                    Dictated and corrected by me

 

             Sadananda Tripathy, Member