INDER DEV SINGH Vs. ASHOK KUMAR

JUDGEMENT

(1.) THIS order will dispose of two appeals under Section 15 of Consumer Protection Act, 1986 onebearing F.A. No. 369 of 2010 filed by the complainant Sh. Inder Dev Singh for enhancement of compensation and the other F.A. No. 373 of 2010 filed by OP Sh.Ashok Kumar for setting aside the impugned order dated 27.10.2010 passed by learned District Consumer Disputes Redressal Forum -II, U.T., Chandigarh (hereinafter referred to as the District Forum) vide which the OP was directed to refund Rs. 1,25,000 being the price of the second hand TATA Sumo Car to the complainant, Rs. 10,000 as compensation for mental agony and harassment besides Rs. 5,000 as costs of litigation. However, the complainant was also directed to hand over the possession of the vehicle along with relevant documents delivered to him at the time of sale to the OP on receipt of Rs. 1,25,000 from the OP. In case of non -compliance of order by the OP within 45 days from the date of receipt of its certified copy, the amount of Rs. 1,35,000 except costs of litigation was to carry interest @18% per annum from the date of filing the complaint i.e. 6.5.2009 till its realization.

(2.) THE case of the complainant is that on 21.6.2007, he purchased a second hand TATA Sumo Car from the OP Sh. Ashok Kumar at a price of Rs. 1,50,000 and was also assured that No Objection Certificate would be issued to him within a week by the Registering Authority, Chandigarh. When he went to the OP to collect the said Certificate on 22.6.2007, it was informed that the said Certificate had already been applied for by the OP and was to be issued to him within few days. A copy of RC duly signed by the brother of Sh. Ashok Kumar/OP was handed over to the complainant and he got the said vehicle insured with the Insurance Company. However, the policy of insurance was issued in the name of its original owner i.e. Sh. Ashok Kumar as the complainant was not the registered owner of the vehicle in question. The grouse of the complainant was that despite visiting several times, OP refused to hand over the No Objection Certificate to the complainant on one pretext or the other and almost 11/2 years had elapsed but the said Certificate has not been supplied by the OP due to which, the vehicle in question had notbeen transferred in his name so far Alleging non -supply of 'No Objection Certificate' to be as deficiency in service on the part of OP, the complainant filed the present complaint.

(3.) THE OP in their reply pleaded that he had sold the said car for a sum of Rs. 1,30,000 and not for Rs. 1,50,000, as alleged in the complaint and out of this amount of Rs. 1,30,000, the complainant had paid only an amount of Rs. 1,25,000 and the remaining Rs. 5,000 were to be given after arranging 'No Objection Certificate' by the OP for transfer of the vehicle in the name of the complainant. As per the OP, the vehicle in question was financed by M/s.Apple Finance Limited and he had already paid the entire loan amount. As per the OP, before issuing the 'No Due Certificate', the said financier had closed its business and as such, he could not get that certificate. OP denied the averment of giving any assurance by him to the complainant for supplying the 'No Objection Certificate' within a week. It was asserted that all original documents such as R.C., etc. were handed over to the complainant at the time of delivery of possession of the vehicle. Pleading no deficiency in service on his part, OP prayed for dismissal of the complaint.