KOHINOOR AUTO AGENCIES Vs. SHEIKH MASTAN BASHA

JUDGEMENT

(1.) This revision is directed against the order 8.11.2002 of Andhra Pradesh State Consumer Disputes Redressal Commission, Hyderabad dismissing appeal against the order dated 8.7.2002 of a District Forum whereby complaint was allowed with direction to the petitioner to refund amount of Rs. 1,54,000 with interest @ 18% p.a. from 10.3.2001 and pay Rs. 2,600 being the amount of insurance premium besides cost to the respondent.

(2.) Facts giving rise to this revision lie ,in narrow compass. Respondent/complainant purchased a Sitara three wheeled 510 D-7 seater passenger auto for Rs. 1,54,000 on 12.3.2001 from the petitioner/opposite party who had taken responsibility of registration thereof by the Road Transport Authority. It was alleged that the petitioner postponed the getting of the vehicle registered as assured. By the letter dated 13.10.2001, petitioner undertook to get the vehicle registered within two months and pay the instalments payable by the respondent to the Bank. On failure of petitioner to get the vehicle registered within this period the respondent filed complaint seeking certain reliefs which was contested by the petitioner. Purchase of the vehicle was not disputed. However, it was alleged that petitioner had nothing to do with the registration of vehicle. It was further alleged that vehicles are now being registered by the Transport Authority. It was denied that there was any deficiency in service on part of petitioner or the respondent was entitled to the reliefs claimed. On scrutinising evidence the Fora below returned the finding that petitioner had undertaken to get the vehicle purchased by the respondent registered which it did not do.

(3.) Submission advanced by Mr. Rakesh Kakkar for petitioner is that the vehicle has been got registered with the Transport Authority by the petitioner on 5.5.2005 and repairs to the vehicle pursuant to the order passed by this Commission had been carried out on 14.2.2005 and delivery of vehicle thereafter taken by the respondent. Order dated 4.1.2005 passed by this Commission which has bearing, reads thus: