TATA CAPITAL FINANCIAL Vs. SACHIN LOHAN

JUDGEMENT

(1.) The complainant/respondent no.1 Sachin Lohan who was doing business under the name and style of Skylark Infrastructure and Telesystem, got himself registered with respondent no.2 e-Bay Motors, which is an online platform for (b) to (b) auction of motor vehicles, meaning thereby that those who were in the business of selling and purchasing vehicles, were expected to be registered on the aforesaid platform. The petitioner company sold a vehicle bearing no. DL-2C-AJ-2257 to the complainant on the aforesaid E-Platform, for a consideration of Rs. 3,10,000.00. The delivery of the vehicle was later on taken by them from the petitioner company, alongwith such documents as were provided by the petitioner company. The complainant applied to the concerned Registering Authority for transfer of the vehicle in his name. However, since the vehicle was not registered in the name of the petitioner company but was registered in the name of one Mr. Suresh Kumar, the transfer of registration was not allowed. As a result, the complainant could not use the vehicle purchased by him. Being aggrieved from the non-registration of the vehicle in his name, the complainant approached the concerned District Forum by way of a consumer complaint impleading the petitioner company as well as respondent no.2 as the opposite parties in the complaint.

(2.) The petitioner company remained ex-parte before the District Forum. Respondent no.2 e-Bay Motors however, filed a reply taking a preliminary objection that having purchased the vehicle on a (b) to (b) platform meant only for car dealers, the complainant was not a consumer as defined in the Consumer Protection Act.

(3.) The District Forum as well as the State Commission having ruled in favour of the complainant and having directed refund of Rs. 3,10,000.00 with interest @ 12% per annum and compensation quantified at Rs. 1,00,000.00, the petitioner company is before this Commission, by way of this revision petition.