The case of the complainant, in short, is that the O.P N0.1 is an agent having business of true value car purchasing and selling and having its’ registered Office at 38 Hindustan Park, Kolkata, all over India through his agent i.e O.P. No.3. All the O.Ps used to give various lucrative advertisements and being attracted with the said advertisement the complainant purchased one Totyota Innova car bearing Registration No. W.B-02AA-7734, Chassis No. 35283, Engine No. 38645, Model-2012, Tax Token No.J764695 valid up to 31/07/2017 from the O.P.No.1 through the O.P.No.3 for his personal use. The complainant has paid the consideration towards the said car amounting to Rs. 8, 45,000/- to the O.Ps. After purchase of the said car the complainant spent a sum of Rs. 1, 20,000/- towards repairing and change of tires etc. and he also paid a sum of Rs. 20,000/- to the O.P.No.1 for obtaining NOC.
The further case of the complainant is that the previous owner of the said vehicle i.e. O.P No.2 issued letter of Authority infavour of the complainant and the same was handed over to the complainant at the time of giving possession of the said vehicle by the O.P.No.1 with an assurance that the transfer of ownership will be done very soon. But inspite of several request the O.P.No.1 did not make any steps to transfer the ownership of the said vehicle though he has received the money. The name of the complainant is not transferred in the R/C book of the said vehicle resulting which the complainant is unable to ply the same and the said car is lying under the custody of the complainant and it turns to a “TOY CAR”. Thereafter the complainant visited the Office of the O.P.No.1 but the O.P No.1 did not pay any heed to it and finding no other alternative the complainant sent legal notice on 31/10/2015 through his Lawyer Sri. Sudip Bhaumik but in vain.
Hence, this case has been filed by the complainant against the O.Ps with a prayer for direction upon the O.Ps to pay Rs.9, 85, 000/- along with interest @ 18% per annum and also prayed for direction for taking back the said vehicle and prayed further that the O.Ps may be directed to pay Rs. 15, 000/- for mental agony and sufferings, litigation and corresponding costs etc.
In the instant case notices were sent to O.Ps , the O.P.No.1 and 3 though appeared before this Forum but later on they did not turn up nor filed any W/V. That’s why the case against them has been proceeded exparte. Inspite of sending of notice and publication in the News Paper the O.P No.3 did not turn up before this Forum and hence the case against her has also been proceeded exparte.
In support of the case the complainant has filed some documents as per his firisti. The complainant has also filed evidence on affidavit as well as written argument.
We have also heard the oral argument from the Ld. Agent of the complainant.
In this context, the following issues are necessarily come up for consideration to reach just decision of the case.
POINTS FOR CONSIDERATION
- Is the complainant a consumer u/s.2 (1)(d)(i) of Consumer Protection Act ?
- Has this Forum jurisdiction to entertain the instant case?
- Have the O.Ps any deficiency in service as alleged by the complainant?
- Is the complainant entitled to get any relief/reliefs as prayed for?
DECISION WITH REASONS.
All the points are taken up together for the sake of convenience and brevity as all the points are interlinked to each other. It is stated by the complainant that he has purchased the vehicle from O.P.No.1 through O.P.No.3. Both the complainant and the O.P.No.3 reside within the district of Alipurduar and whereas the O.P.No.1 is an agent of True Value Car Purchasing and Selling Business, which runs its’ business all over India, as such the status of the complainant became ‘Consumer’ as per provision laid down u/s. 2(1)(d)(i) of the Consumer Protection Act, 1986. The claim amount of the complainant does not exceed the pecuniary jurisdiction of this Forum. As such this Forum has both territorial and pecuniary jurisdiction to try this case.
On scrutiny of the case record we find a money receipt amounting to Rs. 8, 35, 000/- issued in the name of the complainant by O.P.No.1 Sourav Dey being full sales value of vehicle No.W.B 02 AA-7734, Chassis No. 35283, Engine No.38645, Make TOYOTA, Model 2.5(G) 2012 (Annexure-A), Legal Notice to Mr. Sourav Dey (Annexure-C) and an Authority letter (Annexure-‘B’) issued by Ruma Das infavour of Asim Chakraborty (the complainant) by which Smt. Ruma Das authorized Shri. Asim Chakraborty to drive the vehicle being No. WB 02 AA-7734. Annexure-‘B’ speaks that O.P.No.2 Ruma Das admitted that she is the registered owner of the vehicle bearing No. W.B 02 AA 7734 and she is the proprietor of Das Enterprise. Smt. Ruma Das has authorized the complainant to drive the vehicle.
Annexure-‘A’ speaks that O.P.No.1 Mr. Saurav Dey has delivered the vehicle being No. W.B 02 AA 7734 to the complainant Ashim Chakraborty on receipt of money amounting to Rs. 8, 35, 000/- on 07/04/2015. On that document (Annexure-‘A’) absolute ownership of the complainant over the vehicle has been admitted and responsibility for outstanding dues such as Road Tax, arrear Road Tax etc. and cases cropped up prior to the date of sale (07/04/2015) has been taken on part of the seller (O.Ps) of the vehicle. Therefore, it is the legal duty of the O.Ps to transfer/hand over the relevant documents of ownership (R/C Book etc.) of the vehicle to the purchaser (complainant). But the O.P side did not do so resulting which the complainant unable to ply the vehicle. Therefore, it is clear that there is deficiency in service on part of the O.Ps.
Considering the positive results of the discussed points answer of Point No.4 is also positive and that should be reflected in the ordering portion.
Thus all the points are disposed of accordingly.
Fees paid are correct.
Hence, for ends of justice, it is,
ORDERED
that the instant case be and the same is allowed exparte without cost.
The O.Ps are directed to transfer the ownership of the vehicle being No.W.B 02 AA 7734 (TOYOTA) along with its relevant papers (R.C.Book etc.) to the complainant Ashim Chakraborty according to law or alternatively refund the amount of Rs. 8, 35, 000/-together with 10% interest on it per annum from the date of purchase of the vehicle on 07/04/2015 and pay further amount of Rs. 15, 000/- for complainant’s mental agony and sufferings and take back t he vehicle within 30(thirty) days from this day ,failing which the complainant will be at liberty to put this decree into execution according to law.
Let a copy of this final order be sent to the concerned parties through registered post with A/D or by hand forthwith for information and necessary action.
Dictated & Corrected by me
