Tamil Nadu

StateCommission

CC/129/2015

M. Baskar - Complainant(s)

Versus

The Proprietor, The Popular Motor Corporation & anr. - Opp.Party(s)

R.Gopalakrishnan,

22 Oct 2021

ORDER

IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI.

 

Present:    HON’BLE THIRU. JUSTICE.  R. SUBBIAH ,                        PRESIDENT

               TMT. S.M.   LATHA  MAHESWARI,                                      MEMBER  

 

C.C.No.129/2015

FRIDAY, THE 22^nd DAY OF OCTOBER 2021.

 

                                                                           Complaint filed on: 03.08.2015

                                                                           Orders Pronounced on: 22.10.2021

 

Mr.M. Baskar,

S/o. Mani,

No.1/2264, 9^th Street,

    Solaiamman Nagar,

Redhills, Chennai.                                                                                      Complainant                                                                           

 

                 Vs

 

1.   The Proprietor,

      The Popular Motor Corporation,

      No. 1/A, Opposite RRB Energy Ltd.,

      Near RTO Office, Bye-pass Road,

      Ponnamallee,

      Chennai – 56.

 

2.   The Branch Manager,

      Popular Motor Corporation,

      (Authorised dealer Ashok Leyland light  vehicles),

      No.23, Medavakkam Main Road,

      Nanmangfallam Village,  Kovilambakkam,

      Chennai – 600 117.  

 

3.   The Director,    

      Popular Motor Corporation.

      Registered Office,

     33/2361, A-2,

     Geethanjali Stop,

     NH 47, Bye-pass, Vyttila,

     Ernakulam – 682 019.

 

 

4.  Mr. Gangavaradan,

     Shop No.6, Door No.32,

     Reddy Street,

     Villivakkam,

     Chennai – 49.                                                                                                                              Opposite Parties

(Opposite parties 3 & 4 were impleaded as per the order dated 03.09.2021 passed in M.P.No.288/2019 by this Commission.)

        

Counsel for the Complainant                  :   Complainant appeared party-in-person.    

Counsel for the Opposite Parties 1 & 2    :   Ex-parte.  

Counsel for the 3^rd opposite party           :   Served & called absent

Counsel for the 4^th opposite party           :   M/s. Gangavarajan, Advocate. 

                                                    

        This complaint is coming before us for final hearing on 06.10.2021 and on hearing the arguments of the complainant’s side and on perusing the material records and having stood over for consideration till this day, this Commission made the following ;-

ORDER

HON’BLE THIRU. JUSTICE R. SUBBIAH, PRESIDENT.   

 

            This complaint has been filed by the complainant under section 17,  r/w section  12 of the Consumer Protection Act, 1986 against the opposite party claiming for a direction to the opposite parties to pay the a cost of the {ASHOK LEYLAND DOST BSIV DOST LS”  IRISH CREAM  Colour, with an engine No.RDH03804P, Chassis No.MBIAA22EODRP59988, ) Mini Lorry No.TN 18 S 8769, vehicle Rs.5,30,000/- with interest at the rate of 2% per month from 13.06.2014 till the date of realization, Rs.20,000/- towards punitive compensation for mental agony, inconvenience and hardship caused due to the deficiency in service committed by the opposite parties and  Rs.75,000/- as loss of income from 13.06.2014 to November 2014 and future income loss and cost.    

1.        The facts which are necessitated  the complainant to file a complaint is as follows;-;-  The complainant purchased an Ashok Leyland Dost BSIV DOST LS “ IRISH CREAM Color Vehicle from the 2^nd opposite party.  At the time of purchase, the complainant paid a sum of Rs.4,00,000/- in person and balance amount of Res.1,30,000/- was paid by his banker, i.e., Indus Ind Bank for which the 2^nd opposite party issued a Customer Account Settlement Voucher to the complainant on 24.02.2014. After the formalities, the 2^nd opposite party delivered the vehicle only on 26.02.2014 (“ASHOK LEYLAND DOST BSIV DOST LS IRISH CREAM Color, with an engine No.RDH03804P, Chassis No.MBIAA22EODRP59988) Mini Lorry No.TN 18 S 8769 and the 2^nd opposite party assured to produce the above vehicle’s Original R.C. Book and insurance within 2 weeks; but till date it was not handed over to the complainant. As per legal trade practice, the opposite parties ought to have produced the R.C. Book to the complainant, who is the purchaser of the vehicle whereas the R.C. Book, was handed over to one Mr. Gangavarajan who is a third person to this transaction.  The said Gangavarajan has illegally taken away the vehicle on 13.06.2014 with two others.  Hence, the complainant has lodged a police complaint before M-1, Madhavaram Police Station.  Based on his complaint, First Information Report was registered as against the said Mr. Gangavarajan and the same was produced before the Judicial Magistrate at Thiruvottiyur. Subsequently, the complainant filed a petition under section 457 and 451 of Cr.Pc. for return of the vehicle but the court returned his petition, for want of R.C. Book.  Hence, the complainant approached the 2^nd opposite party to hand over the R.C. Book; but, no proper reply was given. The complainant is the only bread winner of his family as he is eking out his livelihood only through the said vehicle. Due to negligence and unfair trade practice committed by the opposite parties, the complainant lost his earnings and till date he is unable to get back the said vehicle from the Judicial Magistrate Court at Thiruvottiyur.  Further, the complainant is unable to pay EMI to his banker for the loan availed for purchasing the said vehicle. Hence, the complainant has come forward with this complaint before this Commission claiming the reliefs as stated supra.

2.     Even after receipt of the notice since the opposite parties have not appeared before this Commission, they were set ex-parte.                 

3.    In order to prove the case, the complainant has filed his proof affidavit and Exhibits A1 to A6 were marked on the side the complainant.   

4.    On perusal of the complaint, we feel that the complaint is bereft of necessary particulars. It is not clear as to whether the vehicle was hypothecated with Indus Ind Bank or not.   On perusal of Ex A6 reply notice sent by the opposite parties’ counsel to the counsel for the complainant, we find that the complainant was working under the said Mr. Gangavarajan. The complainant and the said Gangavarajan have jointly approached the opposite parties for purchasing an Ashok Leyland Dost Bsiv Dost LS vehicle for which the said Gangavarajan paid a sum of Rs.1,14,493/- out of the total cost of the vehicle and booked the above said vehicle. It is further understood that the opposite parties were continuously making an attempt to contact the complainant over phone and asked him to come and collect the R.C. book and since his phone was continuously switched off they were not in a position to reach him.  Finally, when the said Gangavarajan approached the opposite parties and requested them to hand over the R.C. Book on execution of an Indemnity letter, the opposite parties handed over the R.C. Book to Mr. Gangavarajan. Therefore, we are of the view that the complainant has not come forward with clear facts of the case before this Commission.  Since the opposite parties have not appeared before this Commission, it does not mean that the complainant is automatically entitled for the relief as prayed for in the complaint. Hence, we are not inclined to entertain the complaint in the absence of any clarity in the averments made in the complaint. 

9.      In the result, the complaint is dismissed as bereft of material facts. No costs.  

 

 

S.M. LATHA MAHESWARI,                                                                                                   R. SUBBIAH,

           MEMBER.                                                                                                                       PRESIDENT. 

 

DOCUMENTS MARKED ON THE SIDE OF THE COMPLAINANT

 

Ex  A1   31.01.2014      Retail  Invoice

Ex  A2   31.01.2014      Customers Account Settlement Voucher

Ex  A3   12.02.2014      Cash Receipt

Ex  A4   15.06.2014      FIR Copy

Ex  A5   06.07.2014      Legal Notice

Ex  A6   25.07.2014      Reply Notice  

 

 

 

S.M. LATHA MAHESWARI,                                                                                                R. SUBBIAH,

           MEMBER.                                                                                                                    PRESIDENT. 

Index: Yes/No

TCM/SCDRC/Chennai/Orders/Oct/2021