By Sri. Chandran Alachery, Member:
The complaint is filed under section 12 of the Consumer Protection Act for an order directing Opposite party to return Rs.1,85,000/- to the Complainant towards price of the vehicle with 18% interest from 20.09.2016 till payment, to give the Complainant Rs.32,000/- that the Complainant paid towards the loan instalments, Rs.10,000/- paid by the Complainant towards tax Rs.4,000/- towards welfare fund contribution, Rs.10,000/- incured by the Complainant for vehicle repair, to pay Rs.1,00,000/- as compensation and also to pay the cost of the proceedings.
2. On verifying the complaint, the Forum noticed that the Complaint is based on an agreement between two persons with respect to a vehicle transaction. In the Complaint, the Complainant alleged cheating from the side of Opposite Party. Hence before issuing notice to the Opposite Party, notice was issued to the Complainant for preliminary hearing on maintainability of complaint.
3. Heard the Complainant. On verifying the agreement produced along with the Complaint, the Forum found that no terms in the agreement is violated by the Opposite Party. The allegation of the Complainant is that the Opposite party had sold a fully engine damaged vehicle to the Complainant after receiving purchase price etc. The 6th para in the Complainant reads that “the Complainant firmly believes that the Opposite Party has supplied a useless vehicle with forged engine to the Complainant and thereby cheated the Complainant by obtaining Rs.1,85,000/- from the Complainant”. Hence it is very clear in the complaint that the Complainant mainly alleged cheating against the Opposite Party.
4. On verifying the entire complaint and on hearing the Complaint on maintainability, the Forum found that since the Complainant alleged cheating against the Opposite Party, complaint before the Forum under Consumer Protection Act is not maintainable.
In the result, the complaint is dismissed.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Forum on this the 4th day of April 2017.
Date of Filing:01.02.2017.
