FAUZDAR MOTORS Vs. LOK NATH KUSHWAHA

JUDGEMENT

(1.) Under challenge in this Revision Petition No. 1644 of 2008 is the impugned order dated 18.01.2008 of the M.P. State Consumer Redressal Commission, Bhopal ('State Commission' hereafter) in First Appeal No. 420/2007 . Vide this order, the State Commission had dismissed the appeal against the order of the Consumer Disputes Redressal Forum, Satna, M.P. ('District Forum' hereafter) dated 25.01.2007 in Consumer Complaint No.244/FORUM/06.

(2.) Very briefly, the facts of the case are that respondent no.1/complainant-Lok Nath Kushwa ('complainant' hereafter) had purchased a Tata Spacio Car on 18.02.2006 from the petitioner/OP1-Fauzdar Motors ('OP1' hereafter). The price of the car was Rs.4,80,631/-. This had been financed by respondent nos.2 and 3/Ops 2 and 3-TATA Motors and TATA Finance ('OPs 2 and 3' hereafter). The complainant, towards purchase of car, had paid Rs.30,000/- vide two cheques and Rs.8,100/- separately for registration, insurance, service charges etc. to OP1. However, at the time of delivery, the OP1 had retained original documents of registration and insurance. OP1's case was and continues to be that these were retained as the complainant had not paid the balance Rs.1,15,236/- to him. This was the amount that still had to be paid after taking into account Rs.30,000/- and the loan obtained from Ops 2&3.

(3.) Complainant filed a consumer complaint before the District Forum alleging deficiency in service due to non-delivery of the original documents. The District Forum, in its order dated 25.01.2007, accepted the complaint and directed OP1 to send the original documents to the complainant within 30 days as also pay Rs.2,000/- by way of compensation and Rs.5,000/- by way of costs. On appeal, the State Commission was in total agreement with the District Forum and dismissed the appeal.