Date of filing: 06.9.2016 Date of disposal: 27.7.2017
Complainant: Arun Pandey, S/o. Late Mukteshawar Pande, Village: Sainthia Netaji Pally, PO. & PS: Sainthia, District: Burbhum, Pin – 731 234.
-V E R S U S-
Opposite Party: 1. The Manager, H. D. B. Finance Service Limited, 3rd Floor, Laxmi Narayan Avenue, G. T. Road, East Murgasole, Asansol, L.M. Beside Hotel Asansol International, Durgapur, Burdwan, PIN – 713 303.
2. The Manager, H. D. B. Finance Service Limited, 2nd Floor, Gokul Towers, Panjagutta Main Road, Panjagutta, Hyderabad, PIN – 500 082. (Expunged)
Present: Hon’ble Member: Smt. Silpi Majumder.
Hon’ble Member: Sri Pankaj Kumar Sinha.
Appeared for the Complainant: Ld. Advocate, Mohammad Sajimuddin & Samit Roy.
Appeared for the Opposite Party No. 1: None (ex parte).
J U D G E M E N T
This complaint is filed by the Complainant u/S. 12 of the Consumer Protection Act, 1986 alleging deficiency in service, as well as, unfair trade practice against the OPs as the OPs did not take any step to transfer the ownership of the questioned vehicle in the name of the Complainant since its purchase till filing of this complaint.
The brief fact of the case of the Complainant is that being an unemployed person he tried to start a business by means of self employment for earning his livelihood by way of supply the materials through the vehicle. He purchased an old vehicle from the OP-1 by making payment of Rs.3,50,000=00 and the said vehicle was purchased earlier by Mr. Rajib Gorai by taking financial help from the OPs and he was the owner of the same. As Mr. Gorai had failed to make repayment of the loan amount the same was repossessed by the OPs and the said vehicle was lying under the custody of the OPs. From the OP-1 this Complainant purchased the vehicle. At the time of its purchase the Complainant paid a sum of Rs.3,50,000=00 to the OP-1 and out which Rs.3,25,000=00 was paid towards the cost of the vehicle and Rs.25,000=00 was paid for parking charges. The OP-1 upon receipt of amount of Rs.3,50,000=00 delivered the vehicle to the Complainant along with some papers in connection with the vehicle like RC book, Termination of loan agreement, NOC and Hypothecation cancellation letter etc. The OP-1 promised to transfer the ownership of the vehicle in the name of the Complainant within a short period. After receipt of the vehicle the Complainant had to incur expenses more than Rs.3,50,000=00 towards the repairing cost of the same along with replacement of tyres and tubes to make it a good condition. On several occasions the Complainant requested the OP-1 to transfer the ownership of the vehicle in his name, but the OP-1 did not pay heed to his request. For such no-co-operation and deficient service of the OP-1 the Complainant is unable to use the vehicle for carrying on his business for which purpose the same was sold. The vehicle is still lying in idle condition. Due to such action of the OP-1 the Complainant has been facing monetary loss day by day and as his grievance had not been redressed by the OPs, hence by filing this complaint the Complainant has prayed for direction upon the OPs to return back the purchased amount of Rs.3,50,000=00 along with repairing cost of Rs.3,50,000=00 to him along with interest, to pay compensation of Rs.12,00,000=00 due to mental agony, pain harassment and monetary loss and litigation cost of Rs.1,00,000=00 to him.
Though the OP-1 received the notice, but did not turn up to contest the complaint either orally or by filing written version. So this Ld. Forum was pleased to hold that the complaint will run ex parte against the OP-1. Subsequently the name of the OP-2 had been expunged from the cause title of the complaint.
We have carefully perused the record; documents filed by the Complainant and heard argument advanced by the Ld. Counsel for the Complainant. From the documents it is revealed that the Complainant purchased the questioned vehicle from the OP-1 by making payment of Rs.3,25,000=00, the said vehicle was earlier purchased by one Mr. Rajib Gorai by taking financial assistance from the OP-1, at the time of purchasing the questioned vehicle by the Complainant some vehicular documents was provided by the OP-1 to the Complainant i.e. NOC, termination of the loan agreement etc, the vehicle is registered in the name of the earlier purchaser. The allegation of the Complainant is that as the ownership has not yet been transferred by the OP-1 in his name inspite of making entire payment and several requests through written correspondence, hence this complaint is filed by him praying for certain reliefs. We have noticed that admittedly the Complainant paid a sum of Rs.3,25,000=00 to the OP-1 for purchasing the questioned vehicle. Though the Complainant has stated that he had to pay further Rs.25,000=00 to the OP-1 towards parking charges, but in this regard no payment receipt is filed. In our view as the Complainant has failed to corroborate the said payment of Rs.25,000=00 towards parking charge by adducing cogent document, he is not entitled to get the said amount. In the complaint it is mentioned that after receipt of the vehicle he had to incur expenses to the tune of Rs.3,50,000=00 towards repairing cost of the same and in the prayer portion the Complainant has sought for return of the said amount, but no documentary evidence is forthcoming from the end of the Complainant showing that the amount was paid by the Complainant for repairing of the questioned vehicle. Therefore as the Complainant has failed to convince us by producing related document, he is not entitled to get the said amount as prayed for. The Complainant has prayed for compensation and litigation cost, in our opinion the Complainant is entitled to get some amount towards compensation and litigation cost as due to deficient service of the OP-1 he did not get the ownership of the subject vehicle since purchase till the date of filing of this complaint. Apart from that inspite of receipt of notice the OP-1 did not bother to contest the complaint. Admittedly by filing this complaint the Complainant has to incur some expenses towards proceeding of this case.
Going by the foregoing discussion, hence it is
O r d e r e d
that the complaint is allowed in part ex parte against the OP-1with cost. The OP-1 is directed either to transfer the ownership of the vehicle to the Complainant within a period of 45 days from the date of passing of this judgment, in default, the OP-1 shall refund the purchased amount of Rs.3,25,000=00 to the Complainant along with interest @6% p.a. within 60 days from the date of passing of this judgment, in default, the abovementioned amount shall carry penal interest @10% p.a. for the default period. The OP-1 is further directed to pay a sum of Rs.500=00 as compensation due to mental pain, agony and unnecessary harassment and litigation cost of Rs.500=00 to the Complainant within a period of 45 days from the date of passing of this judgment, in default, the Complainant will be at liberty to put the entire order in execution as per provision of law.
Let plain copies of this order be supplied to the parties free of cost as per provisions of law.
Dictated and corrected by me.
(Silpi Majumder)
Member
DCDRF, Burdwan
(Pankaj Kumar Sinha) (Silpi Majumder)
Member Member
DCDRF, Burdwan DCDRF, Burdwan
