IN THE KODAGU DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, MADIKERI

ORDER DELIVERED BY HON’BLE MEMBER

SMT C. RENUKAMBA

1. This complaint under section 35 of Consumer Protection Act 2019  to direct the opposite party take back the present tractor and refund the sum of Rs.9,50,000/- being the value of the Tractor or in the alternative direct the opposite party to deliver new Tractor with all supporting documents to get it duly registered with the RTO, direct the opposite party to reimburse the interest paid by the complainant to the financing bank and direct the opposite party to pay a sum of Rs.25,000/- as compensation for causing mental agony, loss and hardship along with the cost of this proceedings.

2. The brief facts of the complaint may be set out as under;

The complainant hadpurchased Sonalika (international tractors ltd) Diesel Agricultural tractor form the opposite party.The value of the said Tractor quoted by opposite party was Rs.9,50,000/-.The opposite party had raised invoice for Rs.7,70,000/- dated 20/05/2020 after deducting the value of the old tractor belonging to the complainant which was exchanged for the new tractor.Accordingly the complainant paid the said sum of Rs.7,70,000/- out of which a sum of Rs.5,03,600/- was financed through loan availed by the complainant from HDFC bank.

As on the date of delivery of the said Tractor the opposite party was duty bound to issue all the necessary documents like delivery note, temporary vehicle registration etc.However at the time of delivery of the vehicle the opposite party did not deliver the same and had assured the complainant to deliver the same at the earliest date possible to enable the complainant to proceed with the registration of the vehicle at the jurisdictional RTO office.

However for strange reasons the opposite party has not delivered the requisite documents to the complainant to get his tractor duly registered.The complainant has approached opposite party on numerous occasions seeking for documents however the opposite party has been avoiding his responsibility on one reason or the other.

Due to the non registration of the vehicle the complainant could not ply it on the road and has to keep it idle for over year now and the very purpose of purchasing the vehicle has been defeated and the complainant could not use it for the purpose intended by him.The conduct of opposite party amounts to deficiency in service.The complainant has suffered great hardship and financial loss due to unfair trade practice adopted by the opposite party.

The loan borrowed from the bank has also piled up and the complainant has been paying the installments even without having the vehicle ready for regular usage.The opposite party is liable to reimburse all the cost, damages and interest due to his negligent conduct.

In this connection the complainant had also lodged a police complaint at Hunsur Police Station on 12/4/2021 and the police had called opposite party for enquiry and opposite party had given an undertaking to furnish all the documents within 10 days.But opposite party has again failed to honor his promise.

The complainant got issued legal notice to the opposite party dated 8/11/2021 calling upon him to settle his grievance.The notice has been served on the opposite party and the opposite party has neither replied to the same nor has settled the claim.

3. After registration of the complaint, notice was issued to opposite party.  Inspite of service of notice opposite party remained absent without sufficient reason and cause.  Hence he is set exparte. 

4. In this case complainant filed her examination-in-chief by way of affidavit evidence as CW-1 with documents marked as exhibits C-1 to C-4 and heard the oral Arguments of complainant.

5. The points that would arise for our consideration are as under;
   1. Whether the complainant proves the deficiency in service by the opposite party and thereby he is entitled for the reliefs sought ?

2. What order ?

6. Our findings on the above points are as under;
   1. Point No.1 :-Affirmative
   2. Point No.2:-As per the final order for the        

following ;

R E A S O N S

7. Point No.1:- On verification of documents submitted by the complainant along with affidavit filed, it is noticed that on 20/05/2020, complainant has purchased new Tractor of Sonalika company for the amount of Rs.9,50,000/- for the agricultural purpose.  But, on verifying invoice copy it is found that the price of the same is Rs.7,70,000/-.

8. It is observed that the complainant has obtained loan from HDFC Bank for Rs.5,03,600/- to purchase the above new Tractor.  This Commission has observed that opposite party has not furnished any documents related to tractor to the complainant as assured during registration of the same at the Sub Registrar Office therefore, the complainant has not able to utilize the tractor for agriculture which has lead the tractor run to waste.  Opposite party even on receiving the notice from the Commission has failed to file his objections.  Hence opposite party is liable to pay compensation to the complainant.

9. On verifying exhibit C-1, it is noticed that opposite party has raised invoice for Rs.7,70,000/- after receiving old tractor in exchange from the complainant for Rs.9,50,000/- worth new Tractor.  Opposite party has received and raised invoice for Rs.7,70,000/- on exchange with old tractor from the complainant.  In this exchange offer opposite party has caused injustice to the complainant who is a farmer by raising invoice for only Rs.7,70,000/- instead of Rs.9,50,000/- being original value of the new tractor.  And also opposite party has kept the old tractor with him along with the documents pertaining to the new tractor which are necessary for registration.  Therefore, from the above facts it is observed that opposite party might of caused such injustice to other consumers also, this amounts to unfair trade practice.

10. Hence, from the above facts it is observed that complainant is eligible for compensation from opposite party, as opposite party has caused deficiency in service.  Therefore, point no.1 is answered in affirmative.

11.  Point No.2:- From the discussion made above and conclusion arrived at, we pass the following order;

O R D E R

1. The complaint of the complainant under section 35 of Consumer Protection Act 2019 is allowed.
2. The opposite party directed to take back the present tractor and refund the sum of Rs.9,50,000/- with interest at 8% per annum being the value of the tractor or in the alternative directed the opposite party to deliver the new tractor with all supporting documents to get it duly registered with the RTO failing which he shall pay interest at 12% per annum after expiry of 45 days till the date of payment. The opposite party is hereby directed to pay penalty of Rs.200/- per day from the date of this order till compliance is made.
3. The opposite party further directed to pay the complainant compensation of Rs.25,000/- towards  mental agony and Rs.5,000/- towards cost of proceedings.
4. Copy of this order as per statutory requirements be forwarded to the parties free of cost and file shall be consigned to record room.

 (Dictated to the Stenographer, transcribed, corrected and pronounced in the open Forum on this 08^th DAY OF APRIL, 2022)

                 (GOWRAMMANNI)                     (RENUKAMBA.C)                                                     

                      MEMBER                             PRESIDENT(I/C)                      

Witnesses examined on behalf of the complainant

CW-1-  Sri.M.K. Kuttappa (Complainant)

Documents marked on behalf of the complainant

Ex.C-1 : Invoice

Ex.C-2: Endorsement by the police

Ex.C-3 :The legal notice dated 8/11/2021

Ex.C-4:-Postal acknowledgment

Dated:08/04/2022                               PRESIDENT(I/C)