BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.

                                                             Complaint no.      146 of 2014         

                                                          Date of Institution:     30.10.2014

                                                          Date of Decision:     11.8.2016           

Balbir Singh s/o Sh.Karam Singh, r/o village Mallewala, tehsil and District Sirsa.

                                                                                  ………Complainant.

                                      Versus

Sethi Motors Sale & Purchase Dealer, Janta Hospital Road, Sirsa, distt. Sirsa through its proprietor.

                                                                              ……… Opposite party.

          Complaint under Section 12 of the Consumer Protection Act, 1986.

   Before:              SHRI S.B.LOHIA…………………PRESIDENT

                             SHRI RANBIR SINGH PANGHAL ……MEMBER.  

Present:           Sh.Vishnu Bhagwan, Advoate for complainant.

                   Sh.R.S.Randhawa, Advocate for Opposite party.

ORDER

          In nutshell,  complainant case is that on 11.11.2012, he purchased a motor cycle for a sum of Rs.24000/- from the Op vide delivery receipt no.1527 dt. 11.11.2012. At that time, he was assured that all the relevant documents of motor-cycle i.e. original registration certificate, insurance policy, Forms no.29 and 30, No objection certificate, affidavit of owner and Pollution certificate etc. will be supplied, but despite many requests, the said documents have not been supplied to the complainant. Hence, the present complaint.

2.                On notice, OP appeared and contested the case by filing reply that he has not sold any motor-cycle to the complainant and he is only dealer of old motor-cycle and M/s Sangeeta Industries sold the vehicle to complainant. All the original documents were received by the complainant on the same date of purchase from M/s Sangeeta Industries. Op also denied the remaining allegations.

3.                By way of evidence, complainant produced his affidavit Ex. C1 and copy of the  receipt dt. 11.11.2012Ex.C2, whereas the Op produced affidavit Ex.R.

4.                We have heard learned counsels for parties and have gone through the record carefully.

5.                To decide the present complaint, the only question to be considered is that whether the complainant is a consumer of the Op or not? From receipt Ex.C2, it is clear that motor-cycle in question has been sold by the Op on commission basis, whereas the owner of the motor-cycle was M/s Sangeeta Industries, Ballabhgarh. The cost of the motor-cycle would have been paid by the complainant to the owner through Dealer. From receipt Ex.C2, it is also proved on record that Op sold the motor-cycle on commission basis being a Dealer of old vehicles. There are no remarks of the complainant regarding non-handing over the documents to him. Regarding handed over the documents or  non-handing over the documents, both the parties produced their affidavits, which are counter to each other. No other document is on the file in support of the allegations of the complainant. Moreover, complainant has not impleaded the original owner of the motor-cycle namely M/s Sangeeta Industries as party to the present complaint.

6.                In view of above discussion, we are of the view that the complainant has failed to bring home the allegations in the complaint. Hence, the present complaint stands dismissed with no order as to costs. Copy of this order be supplied to the parties as per rules. File be consigned to record room.

Announced in open Forum.                                       President,

Dated:11.8.2016             Member.                    District Consumer Disputes

                                                                         Redressal Forum, Sirsa.