Jharkhand

Bokaro

CC/16/98

Raj Kumar - Complainant(s)

Versus

The manager, M/S TTT Motors - Opp.Party(s)

Shambhu Kumar and miss Preeti

28 Feb 2018

ORDER

District Consumer Forum, Bokaro
Bokaro
 
Complaint Case No. CC/16/98
( Date of Filing : 30 Aug 2016 )
 
1. Raj Kumar
Bansidih, Taranagar, Chas
Bokaro
Jharkhand
...........Complainant(s)
Versus
1. The manager, M/S TTT Motors
Plot no. 179, Purulia Road, Chas
Bokaro
Jharkhand
2. The Branch Manager
Bank Of India I.T.I More Branch (In front of Block office) Chas
Bokaro
Jharkhand
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. PRABHAT KUMAR UPADHYAY PRESIDENT
 HON'BLE MR. PREM CHAND AGERWAL MEMBER
 HON'BLE MRS. KUNJALA NARAYAN MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 28 Feb 2018
Final Order / Judgement

Complainant Raj Kumar has filed this case for a direction to the O.P. No.1 for submitting all the relevant documents of the vehicle purchased from O.P. No.1 and compensation of Rs. 1,00,000/- and litigation cost of Rs. 30,000/-.

2          The case of the complainant is that the complainant purchased Eicher Polaris Multix MX a commercial purpose delivery van and also pay Rs. 55000/- for registration charge, road tax, permit, insurance on 04.05.2016 but the O.P. No.1 M/s TTT Motors have not delivered the documents except the insurance policy. After Lapse of three months, the complainant has not used the vehicle for commercial purpose and then a legal notice was issued on 08.08.2016.

3          Following Anxs have been filed-

Anx-1 Copy of the legal notice.

Anx-2 Copy of the bank passbook.

Anx-3 and 3/1 Copies of the letter dt. 22.07.2016 and dt. 03.06.16 to O.P. No.1.

Anx-4 Copy of the insurance policy.

Anx-5and 5/1 Copy of the letter from Branch Manager of Bank of India dt. 04.05.2016 and 30.08.2016.

Anx-6,6/1 Copies of the money receipt showing payment of Rs. 55000/- and Rs. 4000/-.

4          In spite of notices, O.P. No.1 M/s TTT Motors has not appeared and Ex-parte proceeding is initiated.

5          O.P. No.2 Bank of India appeared and filed W.S. and Anx-A a Zerox Copy of the registration of the vehicle. It is submitted by the O.P. No.2 that this O.P. has no knowledge regarding payment of Rs. 4000/- and Rs. 55,000/- to the O.P. No.1 as this O.P. has no role for delivering the documents of the vehicle to the complainant. However, Anx-A copy of the registration certificate has been filed to show that complainant has received registration certificate as he had filed the copy before the bank who had given the loan for the vehicle and therefore, there is no deficiency on the part of the O. P. No.2.

                                                            F I N D I N G S

 6         We perused the record and the documents filed. The complainant purchased the alleged vehicle for commercial purpose as mentioned in the complaint petition, therefore, he is not a consumer in this case and therefore the complaint has no cause of action to proceed.

            Accordingly we hereby dismissed the complaint.

 
 
[HON'BLE MR. PRABHAT KUMAR UPADHYAY]
PRESIDENT
 
[HON'BLE MR. PREM CHAND AGERWAL]
MEMBER
 
[HON'BLE MRS. KUNJALA NARAYAN]
MEMBER

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