ORAL
State Consumer Disputes Redressal Commission
U.P. Lucknow.
Appeal No. 226 of 2015
Raghvendra Mani Tripathi, aged about adult,
S/o Rajendra Mani Tripathi, Village, Asuraina
(Kukesar), P.S. Parsa Malik, Distt. Maharajganj....Appellant.
Versus
1- Umesh Pandey s/o Vijay Shanker Pandey,
Village, Bodana, P.S. Thuthibari, Distt. Maharajganj.
2- Branch Manager, Sardar Motors (Auto Wheel)
Pvt. Ltd., Near Nausar Chouk, Lucknow Road,
Gorakhpur.
3- Manager, Mahindra & Mahindra Financial
Services Ltd., Regional Office, 2nd Floor,
Mahindra Tower, Near Hall, Faizabad Road,
Lucknow. .…Respondents.
Present:-
1- Hon’ble Sri Sushil Kumar, Presiding Member.
2- Hon’ble Sri Vikas Saxena, Member.
Sri U.K. Srivastava, Advocate for appellant.
Sri Adil Ahmad, Advocate for respondent no.3.
None for the respondents no.1 & 2.
Date 1.11.2022
JUDGMENT
Per Sri Sushil Kumar, Member- This appeal has been filed against the judgment and order dated 20.11.2014 passed by the District Consumer Forum, Maharajganj in complaint case no.180 of 2012, Raghvendra Mani Tripathi vs. Umesh Pandey & ors. for enhancement in compensation, whereby the ld. District Forum allowed the complaint and directed the opposite parties no.1 & 2 to pay Rs.7,000.00 which was received by the opposite party no.1 & 2 in excess of the value of the vehicle and further directed to pay Rs.5,000.00 as compensation since the complainant could not use the purchased vehicle due to negligent act of the opposite parties.
On perusal of the complaint, it appears that the complainant deposited Rs.60,000.00 in cash to the opposite parties no.1 & 2 and took finance of Rs.1,40,000.00 but the
(2)
opposite parties failed to deliver documents alongwith registration certificate. Therefore, the complainant could not get the benefits of the amount which was deposited to purchase the vehicle. The ld. District Forum allowed only Rs.5,000.00 as compensation which is very less amount. In our opinion, compensation should be Rs.25,000.00. The appeal deserves to be allowed partially.
ORDER
Appeal is allowed partially. The impugned judgment and order dated 20.11.2014 is amended to the extent that the opposite parties no.1 & 2 shall pay Rs.25,000.00 as compensation to the complainant instead of Rs.5,000.00. Rest part of the judgment is confirmed.
The stenographer is requested to upload this order on the Website of this Commission today itself.
Certified copy of this judgment be provided to the parties as per rules.
(Vikas Saxena) (Sushil Kumar)
Member Presiding Member
Judgment dated/typed signed by us and pronounced in the open court.
Consign to record.
(Vikas Saxena) (Sushil Kumar)
Member Presiding Member
Jafr, PA I
Court 2
