COMMISSIONER NAGAR PALIKA NIGAM Vs. AFSAR ALI

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against order dated 14-09-2012 passed by the learned State Consumer Disputes Redressal Commission, Madhya Pradesh (in short, 'the State Commission'), in First Appeal No. 369 of 2011 Afsar Ali Vs. Nagar Palika Nigam, Singroli, by which while allowing appeal, order of District Forum dismissing complaint was set aside.

(2.) Brief facts of the case are that petitioner/O.P., the Nagar palika Nigam, published an advertisement in the newspaper, on 9th January, 2008, inviting offers for some vehicles including a Tata Sumo. As the respondent/complainant's bid of Rs.80,000/- for the Tata Sumo was the highest, it was accepted and he made the payment for the same. During the process of transfer of the vehicle, the respondent learnt from the office of the RTO, that the road tax had not been paid since 31.03.1999. Along with penalty, it amounted to Rs.3,89,352/-. The respondent states that he spent Rs.25,000/- on the repairs of the vehicle to make it roadworthy. As it was not possible for him to pay a further sum of Rs.3,89,352/-, the vehicle was not transferred in his name and he was not able to use it. Alleging deficiency on the part of the opposite party, complainant filed complaint before District Forum. Opposite party resisted complaint and submitted that complainant is a scrap dealer and purchased vehicle after inspecting all the documents prior to purchase. Deposited amount by complainant was admitted by opposite party and further apprised that complainant obtained possession of vehicle and prayed for dismissal of complaint. Learned District Forum after hearing both the parties dismissed complaint. Appeal filed by the complainant was allowed by learned State Commission vide impugned order, against which this revision petition has been filed.

(3.) Heard learned counsel for the parties and perused record.