Ld. Advocate(s)
For Complainant: Pritha Mondal
For OP/OPs : none
Date of filing of the case 01.03.2021
Date of Disposal of the case :19.04.2023
Final Order / Judgment dtd.19.04.2023
Complainant above name filed the present complaint against aforesaid OPs praying for refund of payment of Rs 1 lakh, compensation of Rs. 4 lakh and cost of case is 20,000/-.
He alleged in the petition that he purchased one car (Maruti Suzuki Swift Dzire-zdi Model) vide engine No. D13A1280583 Chassis no. MA3FKEB2S00198831 vide registration no. WB 06B 9434.
Prise was fixed Rs. 3,50,000 /- out of said amount OP no. 2 agreed to finance Rs. 2,50,000/-.
OP no. 2 fixed EMI @ Rs. 7416/-. Complainant had paid Rs. 1,00,000/- to the OP no.1 when vehicle was handed over to the hand of the complainant . Documents of the said vehicle is standing in the name of Uma Sankar Agarwal but OP no.1 till date did not take any initiative to change the name in the RC book .
Complainant sent legal notice on 10.01.2020 but did not get any fruitful result.
Hence this case.
In spite of service of notice upon OP no. 1 and 2 on 28.12.2021 they did not turn up nor filed W/V within statutory period.
Hence, case is running ex-parte against them.
TRIAL
During trial complainant filed affidavit-in-chief.
DOCUMENTS
He filed certain document which are mentioned below.
- A letter of TVS CREDIT SERVICES LIMITED issued bySuresh Raman advocate and commissioner of oaths addressed to Mr. Sanjoy Saha (Xerox copy ).
- One letter issued by Sanjoy Saha addressed to the officer-in-charge Nabadwip Pilice Station.( Xerox copy)
- One copy of loan cum hypothecation Agreement. (Xerox copy)
- A bill of Govt. of West Bengal .(Xerox copy)
- Picture of car( two sets)
- One letter addressed to Sanjoy Saha dtd. 19.04.2022. (original )
BNA
Complainant filed BNA.
DECISION WITH REASONS
It is the allegation of complainant that he purchased one vehicle vide no. WB 06B 9434 from OP no. 1 with Rs. 3, 50,000/-. Out of which complainant paid Rs. 1,00,000/- in favour of the OP no. 1.
OP no. 2 is a finance company. He financed remaining 2, 50,000/- + 4,250/- as Surakhsha Premium i.e he financed Rs.2, 54,250/- .
EMI was fixed @ Rs. 7,416/-. Complainant executed loan agreement but documents of the vehicle stands in the name of Uma Shankar Agarwal but till date OP no. 1 did not arrange for change of ownership in favour of complainant. He sent legal notice to the Ops but did not get any fruitful result.
We have carefully gone through the documents. We find that loan cum hypothecate was executed. We also find that said document was executed between complainant and OP no. 2.
On perusal of the copy of RC book we find that certificate of registration of the said vehicle stands in the name of Uma Shankar Agarwal but as per allegation of the complainant OP no. 1 did not take any initiative for change of ownership of the aforesaid vehicle.
Affidavit-in-chief filed by complainant is nothing but unchallenged testimony and we do not find any reason to disbelieve the same.
Placing reliance upon the said documents we find that complainant paid Rs. 1,00,000./- as down payment and remaining amount has been financed by OP no. 2.
OP no. 1 and 2 not yet appeared in this case, hence OP could not hear their version as to why they did not take any initiative for change of ownership of the aforesaid vehicle in favour of the complainant. We failed to understand as to how OP no. 1 sold the aforesaid vehicle without handing over of ownership documents to the complainant. We failed to understand as to how OP no. 2 executed aforesaid loan agreement. We also failed to understand as to why OP no. 1 and 2 delivered the said vehicle in favour of the complainant.
Aforesaid act on behalf of the Op no. 1 and2 are nothing but deficiency in service.
Be that as it may, complainant cannot suffer by the aforesaid act of the OP no. 1 and 2. It is fact that without proper documents no one is authorised to ply the vehicle on road.
Having regard to the aforesaid discussion we are of the firm view that complainant has established his grievance against OP no.1 and 2.
In the result present case succeeds .
Hence,
It is
Ordered
That the present case be and the same is allowed ex-parte against OP no.1 and 2 with cost of Rs. 3,000/- (Rupees three thousands only) to be paid by OP no. 1 and 2 in favour of the complainant.
OP no. 1 and 2 jointly or severally are hereby directed to refund Rs. 1,00,000/-( Rupees one lakh only) in favour of the complainant which they took at the time of delivery of aforesaid vehicle vide no. WB 06B9434 and they are entitled to take back the aforesaid vehicle from the complainant.
OP no. 1 and2 jointly or severally are directed to pay Rs. 20,000/-(Rupees twenty thousand only) to the complainant as compensation for his harassment, mantel pain and agony.
OP no. 1 and 2 are directed to comply this order within one month from this date failing which complainant shall have liberty to put this order into execution.
Let the Let a copy of this order be supplied to the parties free of cost.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) .................................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
