Date of Filing:14.02.2008<br /> Date of Order:11.07.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 11TH DAY OF JULY 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> COMPLAINT NO: 429 OF 2008<br /> <br /> M. Shivakumar, S/o Muniyappa,<br /> D.No.20, Church Road,<br /> Housing Board Quarters,<br /> Channapattana. Complainant<br /> <br /> V/S<br /> 1. The Managing Director,<br /> District Social Welfare Department,<br /> SC/ST Development Corporation Ltd.,<br /> Vishweswaraiah Building, Bangalore.<br /> <br /> 2. Perfect Motors, No. 127, <br /> Lalbagh Road, Bangalore-560 070. Opposite Parties<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant stating that, he had taken loan from the Dr. Ambedkar Development Corporation for purchase of vehicle and he had purchased the vehicle from the opposite party No.2 and the opposite party No.1 Dr. Ambedkar Development Corporation had given money to the dealer of the vehicle. It is the complaint of the complainant that the opposite party No.2 had given vehicle of 2005 model instead of latest model. The complainant submitted that he had filed complaint to Kalasipalya Police in this regard. <br /> 2. Notice was issued to opposite parties. Opposite party No.2 appeared through counsel and defence version also filed. On behalf of opposite party No.1, District Manager of the Dr. Ambedkar Development Corporation, Ramangar, Sri. Puttegowda was also present. <br /> <br /> 3. Arguments are heard on maintainability of the complaint.<br /> REASONS<br /> <br /> 4. The complainant submitted during the course of argument that, now he is working as KSRTC Driver at Channapattana. Complainant submitted that he has left the vehicle with the opposite party No.2 for repairs. The learned advocate for the opposite party No.2 submitted that vehicle is ready for delivery and it is in perfect condition and complainant can take delivery of vehicle at any time. But the complainant submitted that he is not willing to take the delivery of the vehicle. He has also stopped payment of EMI to opposite party No.1. The complainant in his affidavit submitted that matter may be referred to CCB Police for investigation in respect of cheating and fraud etc., committed by opposite party No.2 in giving old model instead of new model. The complainant had already submitted police complaint to the Kalasipalya Police and that matter is under investigation. This Forum has no jurisdiction to refer the matter to CCB Police for investigation. It is up to the complainant to file police complaint and produce relevant evidence and documents before the police. It is for the police to make investigation as per law and submit the report. So, under these circumstances, the complainant has not alleged any deficiency in service on the part of the opposite parties. Therefore, the complaint is not maintainable in law. The request of the complainant is that, matter may be referred to CCB Police for investigation. This prayer of the complainant cannot be entertained by this Forum. The complainant is free to take any steps against the opposite parties. As regards this complaint is concerned, same is not maintainable in law. Therefore, it deserves to be dismissed. In the result, I proceed to pass the following:-<br /> ORDER<br /> <br /> 5. The complaint is dismissed. No order as to costs. <br /> 6. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> 7. Pronounced in the Open Forum on this 11TH DAY OF JULY 2008. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br /> <br /> <br /> <br /> <br />