FINAL ORDER/JUDGEMENT
SHRI REYAZUDDIN KHAN, MEMBER
This is an application u/s.35 of the C.P. Act, 2019.
The fact of the case in brief is that the complainant Sri Sujoy Sen had purchased a brand new
“TATA TIGOR ” car with total consideration amount of Rs,6,29,326/ by exchanging his old “INDIGO CS EGLX BSIV” bearing registration No.WB06G4014 and the exchange value calculated by the OPs Rs,1,00,000/- and company discount Rs,15,000/ total Rs,1,15,000/.The total payment of Rs,5,14,236/-was accepted by the OPs for the new car after adjusting the exchange value of old car.The complainant handed over the old car with all relevant documents such as smart card,Tax Token,Insurance Certificate,Pollution Certificate to the OP2 on 02.02.2021 vide delivery note where it is mentioned that “From today onwards I/We would be fully responsible for all sorts of damage claims,accidents,thefts,civil or criminal liabilities from the time and date of delivery of vehicle.We do hereunder put our signatures with my/our full consciousness”.The complainant stated that in spite of payment for the new car and also assurance given in the delivery note,the OP did not make any effort to transfer the name.The complainant sent a letter on 03.04.2021 to the OP1 expressing his grievances for non taking the steps till date.That on 08.06.2021 the complainant received a message from Kolkata Traffic Police which alleged that the same vehicle (No.WB-06G 4014) has been prosecuted for driving in excess speed on E.M Bypass vide case Cr.Pc.658802 of 2021.The complainant informed the whole matter to the Lake Police station.The complainant further stated that a
legal notice dated 30.07.2021 through his advocate upon both the OPs.Finding no other alternative the complainant filed the case in this commission with a prayer to direct the OPs for transfer of name in respect of the old car No.WB06G4014,also a compensation of Rs,5 lakh for a mental agony and harassment with a litigation cost of Rs,10,000/
The OPs have contested the case by filing their WV, in their WV contending inter alia that the Complaint is not maintainable both in facts and in law.The Complaint case is false,frivolous speculative,harrasive.The complainant have no cause of action to file the instant complainant and is otherwise time barred.The present complaint filed by the complainant is liable to be dismissed in limini.The OPs further stated that it is not denied that the vehicle WB-06G-4014 has been prosecuted for driving an excess speed and also a case was also initiated on 08.06.2021.It is also mentioned by the OPs that when a car is sold out with all its details the owner and its liabilities are shifted upon the OPs and for that the OPs never shrugged off their liabilities and responsibilities. The OPs had already processed for change of name before the RTO on 20.09.2021 and due the Pandemic situation and lockdown many concerns were closed.Since the matter was lying with RTO office for transfer of name in respect of the vehicle in question,the OPs cannot be held liable for the delay.There is no deficiency in service on the part of the OPs and OPs are no way liable to pay any compensation and the complaint case be dismissed with exemplary cost.
Points for Determination
In the light of the above pleadings, the following points necessarily have come up for determination.
1) Whether the OPs are deficient in rendering proper service to the Complainant?
2) Whether the OPs have indulged in unfair trade practice?
3) Whether the complainant is entitled to get relief or reliefs as prayed for?
Decision with Reasons
Point Nos. 1 to 3 :-
The above mentioned points are taken up together for the sake of convenience and brevity in discussion.
We have travelled over the documents placed on record. The complainant has filed his Evidence supported by affidavit..Complainant and the OPs have tendered their Evidence on Affidavit. Both have replied to the questionnaire set forth by their adversaries. Both have submitted their BNAs also.As per the documents annexed by the complainant with the complaint petition states that the complainant purchased a new car under old car exchange programme from the OPs on 02.02.2021.The cost of the new car was fixed Rs,6,29,326/ and exchange value of the old car Rs,1,15,000/.The OPs accepted the total payment of Rs,5,14,326 for the new car after adjusting the exchange value of the old car.The complainant handed over all the relevant documents related to the old car to the OPs,the OPs Acknowledged those documents and issued a delivery note to the complainant.Inspite of several request by the complainant to the OPs for transfer of name of the old car but the OPs did not response to their requests.It was under the custody of the OPs.The car was prosecuted from driving in excess speed for which the complainant was called by the Kolkata Traffic Police and a case was also filed vide case no.Cr.Pc 658802 of 2021 dated 08.06.2021.
It is also a fact that any individual who has sold a vehicle is bound to take steps to get the transfer of ownership reflected in the Regional Transport Office (RTO) records, and the person cannot escape civil liability by merely signing the prescribed form and giving a no-objection certificate (NOC) but here the complainant time and again requested the OPs to get transfer the name but failed.Since 20.09.2021 till date the ownership has not been transferred and the OPs excuse to shift the blame on RTO/PVD can not be entertained. OPs miserably failed to perform their legal liability and responsibility to get transferred though all the forms (Form 29,Form 30) already signed by the complainant.
Considering all the actions and inactions of the OPs against the non transferring of the Car in question we are of the opinion that there is deficiency in service as well as unfair trade practice on the part of the OPs. The poor application of mind on the part of OPs should be seriously viewed. They cannot escape their responsibility by simply forwarding the ball to the court of the RTO/PVD.
In view of what has been stated above we are of the considered view that the complainant has established the case against the OPs
In the result, the consumer complaint succeeds.
Hence,
Ordered
That the complaint case be and the same is allowed on contest against OP1 and OP2 with the following directions.
- The OPs are directed jointly or severally to take initiative to transfer the old car no.WB06G4014 in favour of the purchaser.
- The OPs are further directed to pay jointly and severally a sum of Rs. 15,000/- to the complainant as compensation towards harassment and mental agony.
- The OPs are also directed to pay jointly and severally a sum of Rs. 5,000/- to the complainant as litigation cost.
The above order is to be complied by the OPs within a period of 45 days from the date of this order. In default, the complainant will be at liberty to put the order into execution.
Copy of the judgment be delivered to the parties free of cost as per the C.P. Act and Judgment be uploaded in the website of the Commission for perusal of the parties.
