The case is taken up for exparte order.
The complainant’s case in brief is that he purchased a vehicle “Indica Vista LS” for Rs.4,51,649/- through invoice dated 07.02.2012 from OP Nos.1 & 2, and OP No.4 provided financial assistance for the purchase through a contract dated 07.02.2012. The complainant claims that he purchased the vehicle to earn his livelihood by means of self employment. On 19.02.2012, OP No.1 delivered the vehicle to the complainant, promising that the registration certificate, and other credentials of the vehicle would be handed over to the complainant by OP Nos.1 & 2 within seven days. The OP No.4 financed the amount of Rs.3,50,000/-, and the complainant made down payment of Rs.1,01,649/- in cash to OP No.1, and the OP Nos.1 & 3 issued money receipt dated 07.02.2012 to that effect. As per the loan agreement/contract the vehicle is hypothecated with OP No.4 as security for the loan advanced by the OP No.4. The complainant is regular in payment of the monthly instalments to OP No.4 as per the loan agreement. The complainant claims that OP Nos.1 & 2 did not hand him over the registration certificate, and other related documents within the stipulated time, and when he visited OP No.3 to enquire about the matter on 21.05.2012, the said OP did not provide any assistance to him. The complainant claims that the OP Nos.1 & 2 asked him to pay Rs.96,029/- purportedly for clearance of all the dues for the said vehicle, which is entirely a false claim. The complainant could not ply his vehicle for want of proper registration, and he has spent about Rs.45,000/- over the last three months for hiring vehicle for his requirements. The complainant sent legal notice to OP Nos.1 & 2 asking them to issue registration certificate of the vehicle, and to pay him Rs.45,000/-, but to no avail. The complainant thus filed this case praying that the OP Nos.1 to 3 be directed to hand him over the registration certificate, and other credentials of his vehicle, and he also prays that they be directed to pay him the said sum of Rs.45,000/-, along with compensation of Rs.1,00,000/- for the mental agony, he suffered, and for some other reliefs.
The case proceeds exparte against the OPs.
Complainant has filed the following documents in support of this contention :-
- Photo copy of money receipt no.F/1420 dated 07.02.2012.
- Photo copy of delivery challan being serial No.0428 dated 19.02.2012.
Contd.......P/2
-:2:-
- Photocopy of letter dated 18.02.2012 issued by Tata Motors Finance Limited.
- Photocopy of Contract details issued by Tata Motors Finance Limited dated 20.03.2012.
- Photocopy of letter from OP No.1 & 2 addressed to the complainant.
- Photocopy of legal notice to the OP no.1 and 2 vide notice dated 26.05.2012. Photocopy of being postal receipt no.1849 dated 29.05.2012 and 1850 dated 29.05.2012 with a copy to the OP No.4 (postal receipt no.1848 dated 29.05.2012).
The complainant has filed examination-in-chief written notes of argument.
On perusal of the complaint, exparte evidence, the documents and written notes of argument of complainant, we are of the view that there is no nothing in record to disbelieve the complainant as the evidence filed by the complainant is unchallenged and the complainant succeeds to prove his case.
Hence, it is
O R D E R E D
that the Consumer Case No.76/S/2012 be and the same is allowed exparte against the OP Nos.1, 2 & 3 with cost and dismissed exparte against the OP No.4 but without cost.
The complainant is entitled to get the registration certificate and other credentials with respect to the vehicle being model “India Vista LS” from the OP Nos.1, 2 & 3.
The complainant is further entitled to get Rs.45,000/- for the purpose of hiring vehicle to suit his requirements from the OP Nos.1, 2 and 3.
The complainant is further entitled to get Rs.30,000/- on account of harassment, financial loss and mental agony from the OP Nos.1, 2 and 3.
The complainant is further entitled to get Rs.10,000/- towards the litigation cost from the OP Nos.1, 2 and 3.
The OP Nos.1, 2 & 3, who are jointly and severally liable, are directed to deliver the registration certificate and other credentials with respect to the vehicle being model “India Vista LS” to the complainant within 45 days from the date of this order.
Contd.......P/3
-:3:-
The OP Nos.1, 2 & 3, who are jointly and severally liable, are further directed to pay Rs.45,000/- by issuing an account payee cheque in the name of the complainant for the purpose of hiring vehicle to suit complainant’s requirements within 45 days from the date of this order.
The OP Nos.1, 2 & 3, who are jointly and severally liable, are further directed to pay Rs.30,000/- by issuing an account payee cheque in the name of the complainant, on account of harassment, financial loss and mental agony, within 45 days from the date of this order.
The OP Nos.1, 2 & 3, who are jointly and severally liable, are further directed to pay Rs.10,000/- by issuing an account payee cheque in the name of the complainant, towards the litigation cost, within 45 days from the date of this order.
In case of default of payment, the complainant is entitled to get interest @ 9% per annum on the awarded sum of Rs.75,000/- from the date of filing of this case till full realization.
In case of default, the complainant is at liberty to execute this order through this Forum as per law.
Let copies of this order be supplied to the complainant free of cost.
