ORDER SHEET

STATE CONSUMER DISPUTES REDRESSAL COMMISSION

A & N ISLANDS

PORT BLAIR

Appeal Case No 2 of 2002

Order No.6                                          Present:                                              1. Justice D.K. Basu(Retd.)

16.03.02                                                                                                               President, State Commission

                                                                                                                            2. Mr.D.P. Mukhopadhyay,

                                                                                                                             Member, State Commission.

                                                                                                                               3. Ms G.Kaur

                                                                                                                               Member,State Commission

                                                                                                                                Shri G.L. Sharma

                                                                                                                                 S/O late B,N.Sharma

                                                                                                                                 R/O Sahjeevan Colony                                                                   Appellant

                                                                                                                                              Vs

                                                                                                                                 Shri Sai Ganesh

                                                                                                                                  Proprietor MIS Govindamma & Co.

                                                                                                                                  Gandhi Bhawan, Port Blair                                                           Respondent

                                                                                                                                    Mr. Mahesh Sharma                                       for Appellant

                                                                                                                                     Mr. Sai Ganesh for                                          Respondent

This appeal has arisen from an order from District Forum, Port Blair in C.D.Case No. 26 of 1998. The application under Section 12 of the Consumer Protection Act was disposed of by directing the complainant to pay the balance amount to opposite party. It dispute is very simple in as much as the complainant) appellant purchased a vehicle through the opposite party Mr. P. Sai Ganesh, who is neither dealer nor manufacturer. The opposite party/respondent is only a commission agent who transferred this car on receipt of 75% of the price of the car initially in the name of Smti Sunita Sharma, on behalf of her husband Mr.G.L.Sharma. It took long time to resolve the dispute before the District Forum.

In course of hearing commission requested the parties to arrive at a settlement and inducted mechanism of alternative disputes resolution. The disputed parties have agreed to settled the dispute after few conciliation meeting. The parties have agreed to resolve the dispute effectively and finally.

The terms and the settlement have suggested by the parties and on the basis of the accepted terms,the following order is being passed.

The appellant Mr. G.L.Sharma has agreed to pay Rs.58,815/- by following eight pay orders which have been delivered to the opposite party/respondent here and now before the commission. All the documents have been delivered to the

ORDER SHEET

appellant and the appellant is satisfied with the documents delivered to him by the Respondent

S.No.                     Cheque No                         Dated                                                   Amount(drawn on UCO Bank

                                                                                                                                                            Port Blair

1.                            MC 097606                          15.3.2002                                                             Rs.2,500/-

2.                            MC 097607                          15.3.2002                                                             Rs.1,750/-

3.                            MC 097605                          15.3.2002                                                              Rs.3,500/-

4.                            MC 097603                         15.3.2002                                                            Rs.13,000/-

5.                            MC 097602                          15.3.2002                                                             Rs.4,5001-

6.                            MC 097604                          15.3.2002                                                             Rs.14,490/-

7.                            MC 097608                          15.3.2002                                                             Rs.1,000/-

8.                            MC 097609                          15.3.2002                                                             Rs.18,075/-

Total                      Rs.58,815/-

Mr Sai Ganesh, Respondent/ opposite party has issued money receipt against the entire amount or Rs,58,815/- and the appellant has accepted this receipt.

Against entire amount or 58,815/- and the appellant has accepted this receipt.

The Respondent Mr. Sai Ganesh, Proprietor, M/S Govindamma and Company has agreed to make all necessary exercises for 3 party insurance and also registration certificate from the competent authority within 3 weeks from the date. Usual, cost of this insurance and registration shall be paid by the appellant which has been assessed Rs.1000/- at the first instance, Appellant has paid Rs.1000/- to the respondent Mr. Sai Ganesh for initial expenses here and now.

The Registering Authority, A&N Islands is directed to issue registration for the vehicle (Maruti 800 Dx AC Car), bearing Engine No.1583142, Chasis No.1169775, Year of Manufacture Nov 1 997(White).

Hopefully, it is expected that Registration Authority will issue Registration Certificate within three weeks from date.

As the matter has been disposed of by a settlement between the parties by introducing mechanism of conciliation and meditation by inducting the mechanism of alternative dispute conciliation, the cost is to be borne by both the parties. Parties have agreed to pay 300 gms (Rs.5100/-) to the welfare fund of “A&N Consumer Court Bar Association”.

The parties are given liberty to deposit the settlement cost by Account payee cheque in favour of the “A&N Consumer Court Bar Association, Port Blair.”

On receipt of the cheque, the Registry is directed to deliver the cheque to the officials of the Association.

The Commission has appreciated the gesture shown by the parties in settling the disputes and according to this commission this gesture is commendable.

The appeal is disposed on the above terms.