(Passed on 27/07/2022)

Passed by Shri Atul D. Alsi, Hon’ble President 

1.         The complainant purchased second hand Mahindra Scorpio four wheeler bearing registration No. MH-10/BA-8433 for the price of Rs. 6,20,000/-  on 08/05/2018 and paid Rs. 2,55,000/- in cash  and remaining an amount  under finance through  A.U. Finance. On 22/08/2018 one summons  received from the Police Station Thane that the  vehicle purchased  by the complainant  is theft vehicle  and accordingly an offence under Section 379 written with 34  of I.P.C. came to be registered upon  the complaint filed by the owner  of the vehicle Mr.  Rajesh Kashiram Bhosale, resident  of Thane vide Crime No. 86/2018 at Police Station, Thane.

2.         On 17/09/2018 the letter received  by the complainant  from Police Station, Thane that  after verification  of the vehicle from chemical analyzer and manufacturer Mahindra Company the seized vehicle  at Police Station  bearing No. MH-10/BA-8433 is theft vehicle under crime registered with the Police Station, Thane.

3.         The O.P. failed to refund the amount of price of vehicle received as per sell   agreement that the vehicle is found theft vehicle.  The O.P. shall compensate the full amount which was received under sale of vehicle. After repeated demand from the complainant the O.P. failed to refund the price of vehicle. Hence, the matter was reported to Police Station, Ramnagar, District Chandrapur for breach of trust on 23/10/2018. The O.P. failed to refund of price of sold vehicle along with interest at the rate of 10% p.a. Therefore, the complainant has to suffer financial loss as well as mental torture.  Therefore, the complaint is filed to get compensation of Rs. 3,00,000/- and price of vehicle along with  litigation  charges of Rs. 60,000/-.

4.         The O.P. filed reply and denied all the allegations against it and submitted that the O.P.  is only commission agent   for  auto deals  under the name of  Car Zone working from 2009 for the  purchases  and sale  of used four wheeler  vehicles  on commission  basis.

5.         On 22/03/2018 one Nissar Chand Sheikh  had contacted  the O.P. to sale one  Mahindra Scorpio  vehicle and had sent  the relevant documents  of vehicle  on WhatsApp and fixed the price  of vehicle Rs. 5,10,000/- and commission amount  of Rs. 5,000/- to be paid to  Nissar Chand Sheikh . The O.P. paid the price of vehicle along with commission and took delivery of the vehicle bearing registration No. MH-10/BA-8433 as per delivery note No. 120, bearing chassis No. MA1TA2GMKD2A18005 and Engine No. GMD4A42352 and kept the vehicle in his Car Zone for resale purposes. The complainant purchased  the vehicle bearing registration No. MH-10/BA-8433 for the price of Rs. 6,20,000/- plus commission  of Rs. 5,000/- from the O.P. after verification of  R.C. Book on 08/05/2018 and took the delivery of the vehicle  on 08/05/2018. After verification of R.C. Book with chassis number the Vehicle has been transferred in the name of the complainant  by R.T.O., Yavatmal. The complainant purchased the vehicle partly in cash and partly  under A.U. Finance. The vehicle  was in possession of the  complainant  from 08/05/2018 to 22/08/2018 and therefore for any change of  any chassis number  or engine number,  the complainant himself  is liable  and    there is no liability  on the part of the O.P..

6.         The O.P. has submitted in reply that the complainant used the vehicle for commercial purposes. Hence, the Commission has no jurisdiction for the present claim. The complainant reported the matter for  breach of trust under Ramnagar Police Station, Chandrapur, District Chandrapur but the Hon’ble  Session Court has  granted Anticipatory  Bail for the reason  that  no offence  made out  against the O.P. Therefore,  there is no deficiency  on the part of the O.P.  for sale of vehicle. Hence, case is deserves to be dismissed with costs.

7.         The counsel for the complainant argued  that  the O.P. sold the Scorpio  vehicle bearing registration No. MH-10/BA-8433 to the complainant along with  requisite  documents  including  No Objection Certificate  from the original owner  Mrs. Suman Pawar. As per  requisition  and  offence  registered  at Police Station  the complainant’s vehicle  has been seized  by Kasarwadawli, Police Station, District Thane vide Crime No. 86/2018 under Section 379 of IPC written with 34 I.P.C as  the vehicle  is theft  vehicle as per  report received  from Chemical Analyzer in Crime No. 86/2018 dated 15/02/2018 . The O.P. has sold the theft vehicle knowing the fact that the vehicle is stolen to the complainant and failed to refund the price of vehicle after repeated demands.  On the other hand,  the  complainant  facing  recovery  proceedings in Arbitration  Case for the  finance  to purchase  the vehicle on loan from A.U. Finance. Therefore, act of the O.P. amounts to unfair trade practice and therefore, the complainant has to suffer financial loss as well as mental torture. Therefore, the petition may be allowed.  

8.         The complainant has reported the matter at Ramnagar Police Station, Chandrapur, District Chandrapur under Section 406 of  I,P.C. and  filed F.I.R.  registered on 23/10/2018 against the  O.P.  for selling of theft vehicle  against the price of Rs. 6,20,000/- knowing willfully  that  the  vehicle is  theft vehicle. Therefore, the complainant’s complaint may be allowed.

9.         Counsel for the O.P. argued that  as per  contents of note No. 412 executed  between the complainant  and O.P. that  incase  of any proceeding  before 08/05/2018 in respect of  Police, R.T.O. or Loan the seller  of vehicle  will not be responsible.  The vehicle has been transferred in the name of the complainant and complainant took the delivery of the vehicle on 08/05/2018. Therefore there is no mistake  on the part of the  O.P. in respect of chassis number and  engine number of the vehicle  and  no liability  arose  to pay any claim or  compensation  before date of 08/05/2018.  On 30/05/2018 the vehicle has been duly transferred in the name of the complainant from previous owner Mrs. Suman  Pawar at  R.T.O. Office, Yavatmla and thereafter  the complainant  took delivery of the vehicle  on 20/05/2018.  The complainant failed to transfer the ownership of vehicle within 8 days from the sale transaction. Hence, there is no liability on the part of the O.P. as per sale agreement Note No. 412 clause No. 1 to pay any compensation. The finance  company  after verification  of the chassis number and engine number   sanctioned  the loan. It is negligence  on the part of the complainant  to take  steps  to release  the vehicle  on Supurudnama for the possession  of  the vehicle  from the  Police Station. The registered owner of the vehicle was Suman Pawar and not  Atmaram Mayekar. Therefore, there is no negligence on the part of the O.P. The Police Station, Ramnagar, Chandrapur, has submitted  “C”  final report  before  the J.M.F.C., Chandrapur for offence  registered  under Section 406 I.P.C. against the O.P. Hence, there is no unfair trade practice or negligence on the part of the O.P.  Hence,  the case is  deserves to be dismissed with cost.

REASONING

10.       The complainant purchased one Mahindra Scorpio vehicle bearing registration No. MH-10/BA-8433 against the price of Rs. 6,20,000/- from the O.P. working the business  of selling  the second hand  vehicles  under the name  of Car Zone and paid Rs. 2,55,000/- in cash  and remaining  amount through  A.U. Finance . On 08/05/2018 the vehicle was sold as per sale memo No. 412 filed at page No. 9 as per list of documents dated 10/06/2019 by the O.P. On 20/05/2018 the possession of vehicle was given to the complainant by the O.P. as per possession receipt filed at page No. 12 as per list of documents dated 10/06/2019. The O.P. purchased the vehicle from one Nisar Chand Sheikh who deals business of vehicle sale on commission basis at Nanded against the price of Rs. 5,10,000/-. The vehicle   registered owner was Suman Pawar at resident Tasgaon, District Sangli at R.T.O. particulars. After sale and receipt of documents, the vehicle has been transferred in the name of  the complainant  by R.T.O. Yavatmal on 30/05/2018.

11.       On 22/08/2018 the  complainant’s vehicle  was called from Crime Branch , Thane where  the Crime  No. 86/2018 came be registered for theft of vehicle  and accordingly,  the vehicle was  seized  by the Police   under the  seizer  panchanama on 27/10/2018. The O.P. lodged the police complaint against the Nisar Chand  Sheikh at Nanded Police Station  on 10/11/2018  by  registered  post. Similarly  the  complainant  lodged  the police complaint  under section 406 of I.P.C. against  the O.P. at Ramnagar Police Station, Chandrapur, District Chandrapur vide Crime No. 1179/2018.

12.       As per  letter issued  by  Police Station Thane dated 17/09/2018 the complainant’s vehicle  was seized  in  Crime No. 86/2018 by Kasarwadawli Police Station , District Thane under Section 379 of  I.P.C. written  with 34. Therefore, the complainant could not use the vehicle after purchase and complainant could use the vehicle approximately for the period of 3 months from purchase.  The complainant is paying installments of loan amount of Rs. 3,70,000/- which is raised  to purchase   to Scorpio vehicle. As soon as it reveals that the sold vehicle is theft vehicle, the O.P. ought to have refund the price of vehicle to the complainant as the complainant is bonafide purchaser.  The O.P. failed to refund the price of vehicle to the complainant; therefore, the act of the O.P. does amount to unfair trade practice and negligence on service. The condition in  agreement  of sale that  the vehicle  is found to be  theft vehicle  the O.P. shall not be  liable  to pay price  or any compensation  is unilateral  agreement and  unforceable  and  which is  against the  natural justice. The complainant could not use the car after purchase due to theft vehicle. Therefore, the complainant  is entailed  to refund  the price of the vehicle Rs. 6,20,000/- along with interest at the rate of 6% p.a. from the date of  judgment  till its realization  along with  compensation  for mental  torture  of Rs. 25,000/- with cost of litigation Rs. 10,000/-.  Therefore, the complaint is partly allowed as per following order.

ORDER

i.          Complaint  is partly allowed.

ii.          The complainant  is entailed  to refund the  price of the vehicle Rs. 6,20,000/- along with interest at the rate of 6% p.a. from the date of  judgment  till its realization  along with  compensation  for mental  torture  of Rs. 25,000/- with cost of litigation Rs. 10,000/-. 

iii.         Copy of order be furnished to both the parties, free of cost.