Dtd.06.09.2024                                            A/2315/2024

O R D E R

           BY Mr.K.B.SANGANNANAVAR : Pri.Dist & Session Judge (R) - JUDICIAL MEMBER.

1.    This is an appeal filed U/s.41 of CPA 2019 by OP/Appellant aggrieved by the order dtd.30.04.2024 passed in CC/371/2023 on the file of 4^th Addl., District Commission, Bengaluru urban. (Parties to the appeal henceforth are referred to their rank assigned to them by the District Commission).
2. The Commission examined grounds of appeal, impugned order, appeal papers and heard learned counsel for Appellant/OP. This appeal is set to hear on admission and the Commission found satisfied to dispense with issuance of notice of this appeal to be served on Respondent to avoid further delay.
3. Learned counsel for Appellant/OP submits Sri.Naveen Gowda/OP/ Appellant herein although declared exparte, District Commission, while passing the impugned order held, non-filing of written version in consumer complaint amounts to admission of complaint allegations. Further submitted Smt.Manjula.N W/o Ravikumar is proprietor of Samruddi Sale, had raised consumer complaint on 21.12.2023. The Transport department had issued clearance certificate in respect of KA2022-NOC-5829S,  was registered on 01.02.2018, with dispatch no.9924, Tumakuru RTO informed, the vehicle was sold in favour of Mr.Ravikumar is none other husband of the Complainant. Further the vehicle which was purchased by Complainant was on 01.02.2018, registered in the name of Mr.Chandrashekhar Thotada Basappa, to whom Sundaram Finance had advanced the loan amount and on 05.02.2021 addressed a letter to M/s.Bharat Parking Yard: As the purchaser has paid the amount, vehicle has to be released in favour of Mr.Naveen Gowda.V under proper acknowledgement.’ Further submits, before raising consumer complaint a legal notice was caused on 21.06.2022, not only on OP/Naveengowda but also against Chandrashekar Thotada Basappa and Orange Cars but had failed to implead Chandrashekar Thotada Basappa as one of the party to the consumer complaint. Learned counsel submits, legal notice was not served on Mr.Naveengowda and the Complainant had failed to submit from 29 & 30 of the IMV Act, pursuant to insurance certificate, name of transferee is mentioned as Mr.Ravikumar, who is none other husband of the Complainant was not at all appreciated by the District Commission, while passing the impugned order and in such circumstances we found DCDRC has failed to consider certain vital factual and legal aspects of the matter, as such it would be just and proper to remit back the matter to  reconsider all these vital aspects raised before proceeding to hold an enquiry and in this regard to allow parties to implead proper or necessary parties as the case may be and decide the case appreciating all the materials on record and to be placed by OP/Appellant herein. In such conclusion we proceed to allow the appeal. Consequently set aside the impugned order dtd.30.04.2024 passed in CC/371/2023 on the file of 4^th Addl., District Commission, Bengaluru urban with a direction to  re-admit the complaint and decide the complaint as observed as early as possible keeping in mind the object of the CPA, 2019.  
4. The amount in deposit is directed to be refund to the Appellant/OP with proper identification by their advocate. 
5. Notify copy of this Order to the District Commission and parties.

   Lady Member                                Judicial Member               

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