| Final Order / Judgement | IN THE KODAGU DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MADIKERI PRESENT:1. SRI. C.V. MARGOOR, B.Com.LLM,PRESIDENT 2. SRI.M.C.DEVAKUMAR,B.E.LLB.PG.DCLP,MEMBER | CC No.05/2019 ORDER DATED 23RD DAY OF FEBRUARY, 2019 | | Sri.S.S. Palaksha, S/o. Shivanna, Aged 36 years, Advocate & Agriculturist, Resident of Sige Hosur Village, Kushalnagar Hobli, Somwarpet Taluk, Kodagu District. (IN PERSON) | -Complainant | V/s | Sri. Shabbeer Ahamed Khan, S/o. late Nazeer Ahamed Khan, Aged 52 years, Business, R/o. No.7, A Cross, 1st Floor, BTM Layout, Bengalore AND # 73/3, 6th Cross, Near BET School, Bismilla Nagar, Bengalore, Dharmaram College, | -Opponent | Nature of complaint | Miscellaneous claim | Date of filing of complaint | 10/01/2019 | Date of Issue notice | - | Date of order | 23/02/2019 | Duration of proceeding | 1 month 13 days |
SRI. C.V. MARGOOR,PRESIDENT ORDER ON ADMISSION - This complaint filed by Sri. S.S. Palaksha s/o Shivanna aged 36 years, resident of Sige Hosur
Village, Somwarpet Taluk, Kodagu District with a prayer to direct the opponent to make double payment of the amount of Rs.1,20,000/- for purchase of a vehicle, Rs.10,000/- as cost of this proceedings and also compensation of Rs.2,40,000/-. - The complainant while searching AOLX site for goods vehicle for his younger brother they found advertisement in respect of TATA Ace goods vehicle bearing registration No.KA16A5968. The complainant has enquired the opponent over phone, then the opponent has agreed to sell the said vehicle. That on 14/04/2018 in the morning the opponent had come to Kudige Village, Somwarpet Taluk and during discussion the opponent revealed that the goods vehicle has run only 48000 kilometers and he purchased in public auction conducted by M/s Sriram Auto Mal India Ltd. The opponent has to make the complainant to believe that the said vehicle is in running condition and agreed to purchase for Rs.1,22,000/- On the same day complainant had paid Rs.1,20,000/- cash to the opponent and agreed to pay the remaining amount of Rs.2,000/- on the date of delivery of the vehicle and its documents.
- It is further averred in the complaint that one week later the opponent had brought the vehicle and handed over to the complainant at Kudige Village and told that he would hand over the original RC and CC within a week. The opponent when he had come to Kudige Village he has committed theft of a cheque for Rs.20,000/- . When the complainant has handed over the goods vehicle to his younger brother then he came to know that the vehicle engine, gear box bedding and other parts were already repaired and the vehicle showing kilometer was changed and there by the opponent has committed breach of trust. The opponent has given evasive answer over phone with regard to handover the original registration certificate and fitness certificate of the purchased vehicle. The opponent has presented the theft cheque for collection then the complainant has intimated the bank not to honour the cheque. Now the purchased vehicle is not running. Hence this complaint.
- After filing complaint on 19/01/2019, 02/02/2019 and 16/02/2019 the complainant was remained absent in this proceedings.
- The complainant made allegation against the opponent that he has not only committed breach of trust but also cheated him. The cause title of complaint indicates that the complainant being an Advocate cum Agriculturist. On perusal of the complaint it is hard to believe that without seeing the vehicle on 14/04/2018 the complainant said to have paid Rs.1,20,000/- cash out of the total consideration of Rs.1,22,000/-. No ordinary prudent man would purchase any vehicle or thing without making inspection of the same. According to copy of the registration certificate the vehicle was purchased by one Channakeshava resident of Hiriyur Chitradurga District on 18/06/2007 i.e. about 11 years back on the date of alleged agreement entered between the complainant and opponent. The complainant produced the certificate of fitness of the vehicle which shows that the vehicle fitness would expire on 19/04/2019.
- The complainant has made serious allegation against the opponent that he has committed breach of trust and played fraud upon him to purchase the said goods vehicle on 14/04/2018. It is further alleged that the opponent has committed theft of his cheque written for Rs.20,000/- when he had come to sell his vehicle on 14/04/2018. The allegation made against the opponent is in respect of commission of breach of trust and fraud which cannot be decided by this Forum. This Forum can decide only the question of defect in the goods vehicle. The complainant has not produced any technical or mechanic opinion to show that the date on which the vehicle sold was defective. The allegations made against the opponent with regard to commission of breach of trust and fraud has to be decided in a proper Forum and it requires detailed enquiry. Therefore, in view of the facts and circumstances the complaint is not maintainable before this Forum for want of jurisdiction. Accordingly, we proceed to pass the following;
O R D E R - The complaint filed by Sri. S.S. Palaksha s/o. Shivanna resident of Sige Hosur Village is hereby dismissed for want of jurisdiction
- Furnish copy of the order to the complainant at free of cost.
(Dictated to the Stenographer, got it transcribed, corrected and pronounced in the open Forum on this 23rdday of FEBRUARY, 2019) (C.V. MARGOOR) PRESIDENT (M.C. DEVAKUMAR) MEMBER | |
