Karnataka

Bidar

CC/62/2015

Narayan S/o Honnappa - Complainant(s)

Versus

Tata Motor Finance ltd Gulbarga - Opp.Party(s)

P M DESHPANDE

07 Feb 2017

ORDER

::BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT BIDAR::

 

 

                                                                                                      C.C.No. 62/2015

 

                                                                                      Date of filing: 03/08/2015

 

                                                                                 Date of disposal : 07/02/2017.

 

 

P R E S E N T:-              (1) Shri. Jagannath Prasad Udgata,

                                                                                         B.A., LL.B.,

                                                                                                    President.

    

                                      (2) Shri. Shankrappa,(Halipurgi)

                                                                          B.A.LL.B.,

                                                                                     Member.

 

 

COMPLAINANT:          Narayan , s/o Honnappa,

                                      Age: major, Occ: Self employment,

                                         R/o Rajesvar,  Tq. Basavakalyan,

                                         Dist.Bidar.

                                        

 

 

                                     (By Shri. P.M.Deshpande., Advocate)

 

 

                                                      VERSUS

 

OPPONENT/S   :-             1.  The Manager,Tata Motors finance Ltd.,

                                               Asian complex, Shop No.1, 2^nd floor,

                                               Gulbarga-585101.

           

                                        2.   Manikbagh Automobiles,,

                                              Sastapur road,

                                              Basavakalyan,

                                           Dealer for Tata Motors,Ltd.

 

 

 

                       

                                    (O.P.No.1 by Shri.Sundar Raj, Advocate)

                                    (O.P.No.2 – Exparte)

 

 

 

 

 

::   J UD G M E N T  : :

 

 

By Shri. Jagannath Prasad Udgata, President.

 

                    The complainant is before this Forum filing a complaint u/s 12 of the C.P. Act, 1986 against the O.Ps as described hereunder:-  

 

2.           That, he to eke out a living had opted to purchase a motor vehicle TATA MAGIC 8 seater from the opponent  no.2, a dealer oftheO.P.NO.1.  He had availed financial assistance to the extent of Rs.3,47,000/- from the O.P.No.1, vide loan A/C No.5001508144, repayable in 47 instalments.  As per the say of the complainant, the vehicle was insured with M/s Royal sundaram, valid from 28.02.2014 to 27.02.2015.  The vehicle was actually delivered to him on 08.03.2014 and at the time of delivery, the vehicle was assigned a Temporary registration number valid for one month.  Further that, inspite of the assignment of Temporary Registration number, he has paid amounts as E.M.I.S to the opponents as described in para-2 of the complainant. He had paid registration charges, and other expenses inclusive of insurance premiums to the opponents to register the vehicle with the concerned R.T.O.  He further claims that, inspite of defraying all charges, the opponents taking responsibility of registering the vehicle, have not done so, thereby, preventing him to ply the vehicle on road.  In the meanwhile, he had spent a sum of Rs.50,000/- towards body building of the vehicle, inspite of which the vehicle is kept idle out of the roads.

3.              It is the further say of the complainant that, inspite of their failure to get the vehicle registered, after extracting amount from him for the purpose, the opponents are threatening him to seize the vehicle by engaging henchmen and he is virtually caught in a cage. The  complainant further avers that, by not registering the vehicle the opponents have caused heavy pecuniary loss,  mental and physical harassment, embrassment and tortures due to unfair trade practices computed at a sum of Rs.1,00,000/-.  Therefore, he is before this forum, claiming registration of the vehicle with the concerned R.T.O. and reimbursement of pecuniary loss to the extent of Rs.1,00,000/-.  He has submitted documents listed at the end of this order, so also affidavit in lieu of evidence and written arguments. 

4.             Inspite of being served with the court notice (with postal endorsement of refused) the O.P.No.2 did not appear and was placed exparte on 03.09.2015.  O.P.No1 was duly represented by on Advocate named as Sri Sundarraj, who never submitted versions.  However he was given scope umpteen number of times to file evidence affidavit and written arguments against penalty.

5.               The O.P.No.1 never filed written arguments nor led any evidence and virtually is placed exparte.  Therefore, we have no way but to accept the canvassment of the complainant in the right perspective , and we  proceed to pass the following:-

 

 

 

: :   ORDER : :

 

1.     The complaint is allowed in part.
2. The O.P.s are bound jointly and severally to get the vehicle registered and handover the Registration Certificate and all other allied documents within thirty days of receiving this order.
3. The O.P.s would be further liable to pay compensation of Rs.25,000/- to the complainant towards business loss and mental agonies undergone, together with litigation expenses of Rs.5,000/-
4. Acting u/s 14(1)(f) of the C.P.Act,1986, we direct the O.P.s to refrain from such unethical practices in future, failing which penalty to the tune of Rs.1,00,000/- would be imposed on both severally:
5. Thirty days time is granted from the date of receipt of this order to comply the directions.

 

 

 

 

 

   ( Typed to our dictation then corrected, signed by us and then pronounced in the open Forum on this 7^th  day of February-2017 )

 

 

 

Sri. Shankrappa H.                                          Sri. Jagannath Prasad                 

        Member                                                                  President

 

Documents filed by the complainant.

 

1. Ex.P.1- Office copy of legal notice fate: 29.10.2014.
2. Ex.P.2-  Brochure  of O.P.No.1.
3. Ex.P.3- Communication of O.P.No.1.
4. Ex.P.4-Repayment schedule prescribed by O.P.No.1.
5. Ex.P.5-  copy of standard agreement..
6. Ex.P.6-Copy of notice of O.P.NO.1 date. 05.11.2014.
7. Ex.P.7- Copy of another notice of O.P.NO.1 date:14.11.2014.
8. Ex.P.8- Copy of Temporary Registration certificate.
9. Ex.P.9- Typed copy of above.
10. Ex.P.10- Insurance certificate (copy).
11. Ex.P.11 to 21- Copies of money receipts of varied dates.

 

Documents filed by the O.Ps

• Nil  -

 

 

Sri. Shankrappa H.,                                          Sri. Jagannath Prasad,                 

        Member                                                                     President.

 

Sb.