JAYSHREE AUTOMOBILES Vs. DHARMADAS PANDEY

JUDGEMENT

(1.) THE appeal is directed against the order dated 31.10.2009 passed by the District Forum, Burdwan being Case No. 115 of 2008 wherein the learned Forum below allowed the complaint on contest with the direction on the complainant to return the subject truck to OP No. 1 who will refund Rs. 8,66,044 along with interest @ 9% from 4.2.08 till the date of the order. The complainant will send a notice of 15 days to OP No.1 intimating the date of return of the truck in question and the OP No.1 will make payment of the above amount of money to the complainant on the date of return of the truck along with cost of Rs. 1,000 to the complainant. Being aggrieved by and dissatisfied with the above order the Appellant has preferred the instant appeal.

(2.) THE case in brief is that respondent No. 1/complainant approached the present Appellant who was the OP No. 1 before the Forum below for purchase of one truck manufactured by Eicher Motor Ltd. A quotation of Rs. 8,66,044 was issued by the present Appellant on 9.1.2008 and again on 19.1.2008 another quotation of Rs. 8,26,044 was issued. Complainant/respondent No. 1 took loan of Rs. 7,00,000 from Magma Shrachi Finance Ltd. The Appellant/ OP -1 received an amount of Rs. 8,66,044 as per first quotation. This was the full value towards cost of a new showroom delivered vehicle. The vehicle was supplied to the complainant/ respondent No. 1 on 4.2.2008, registration No. of the said vehicle was WB -39A/0682 and was registered on 1.11.2007. The vehicle was insured with ICICI Lambard Insurance Company covering the period from 30.10.2007 to 29.10.2008. It was learnt on inquiry from the motor vehicles department at Durgapur that M/s. Aditi Oil Ltd. had purchased the said vehicle first with finance from Centurian Bank, Durgapur. Appellant/OP No. 1 delivered an old second hand vehicle to the complainant representing the same as new. M/s. S.K. Singh of OP No. 1 had taken Rs. 12,000 from the complainant for necessary documents of the vehicle. The complainant initially brought the matter to the notice of the Burdwan District Consumer Protection and Welfare Centre who requested the OP/Appellant to refund the money. As the Appellant did not refund the money the Complainant moved the Forum below with certain prayers.

(3.) THE Appellant/ OP contested the case by filing written version wherein the material allegations of the complaint were denied. OP No. 1 further stated in the W.V that the complainant/respondent -1 came to OP No. 1 on 4.2.2008 with a proposal to purchase a truck. The truck bearing No. WB 39A/0682 was shown to him stating all the relevant contentions of the said vehicle. OP No.1 being the seller had transferred a truck manufactured by OP -3 to M/s. Aditi Oils Ltd. with financial assistance from Centurian Bank, Durgapur. Subsequently this was registered as WB/39A -0682 before RTO, Durgapur. However the said model being disliked by M/s. Aditi Oil Ltd. they exchanged the same with a Tall Body Trolley within 3/4 days. M/s. Aditi did not use the vehicle at all. The said vehicle was carefully preserved in the custody of OP No.1. The complainant/ respondent No. 1 saw the aforesaid truck preserved in the custody of OP No. 1. He wanted to purchase the same. Accordingly, a quotation for Rs. 8,66,044 was given to him by OP No. 1 on 9.1.2008. A second quotation for Rs. 8,26,044 was given to him but he purchased the subject truck at Rs. 8,66,004 on 4.2.2008. The complainant took loan from Magma Shrachi Financial Ltd. for purchasing the truck in question. A loan of Rs. 7,00,000 was granted to the complainant who was requested to make the down payment of the balance amount of Rs. 1,66,044. The complainant wanted to clear the dues after change of ownership of the said vehicle in his name. Accordingly M/s. Aditi Oils Ltd. appeared through its authorized representative before the RTO, Durgapur in order to transfer the ownership, and the ownership was duly transferred in the name of the complainant. But the complainant put forth further excuses to defer payment of the balance amount. According to the OP/Appellant no unfair trade practice was performed on the complainant, on the other hand, knowing fully well the fact that he had purchased from the OP/Appellant the said truck which was previously registered in the name of M/s. Aditi Oils Ltd. The aforesaid written version was filed on affidavit by one Sri Santanu Chowdury, Area Manager of Eicher Motors.