CONSUMER DISPUTES REDRESSAL COMMISSION

MAHARASHTRA STATE, MUMBAI



FIRST APPEAL NO. 165 OF 2009 Date of filing : 12/02/2009

IN CONSUMER COMPLAINT NO. 334 OF 2008 Date of order : 11/08/2009

DISTRICT CONSUMER FORUM : SATARA



Shri Shrimkant Dinkar Ghorpade

R/o.Nisrale, Tal. & Dist. Satara. … Appellant/org. complainant

V/s.

1. Branch Manager, Shri B.S. Kharat

Indian Bank, Gangasagar Road,

Pratapganj Peth, Satara,

Tal. & Dist. Satara.

2. Regional Manager

Indian Bank,

P.B.No.938, Progress House,

54, Welslee Road, Mumbai-Pune Road,

Shivajinagar, Pune-415 005. … Respondents/org. O.Ps.


Corum : Shri S.R. Khanzode, Hon’ble Presiding Judicial Member
Mrs. S.P. Lale, Hon’ble Member

Present: Mr.Shrikant Yadav, Advocate for the appellant.

- : ORAL ORDER :-
Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member

This appeal is directed against the impugned order/award dated 16/01/2009 Shri Shrimant Dinkar Ghorpade V/s. Branch Manager, Indian Bank & Anr. passed by District Consumer Disputes Redressal Forum Satara (‘Forum below’ in short).

Appellant/complainant had purchased a vehicle in auction sale and thereafter, since vehicle registration documents and no objection certificate of the registered owner to get transfer the vehicle in his name were not received from the respondent/org. O.P., this consumer complaint was filed. The same stood dismissed and feeling aggrieved thereby this appeal is filed.

According to respondent, vehicle was purchased in an auction by the appellant/complainant as per terms of the auction. As far as original registration of vehicle documents are concerned, respondent claimed that they are not with them. It is also alleged that they had no responsibility to supply the documents as mentioned by the complainant. If for non-payment of dues or on any other ground, the vehicle did not get transferred, then Bank cannot be held responsible.

In the instant case, since vehicle was purchased in a public auction by the appellant/complainant as per the terms of the auction, there is no relationship of consumer and service provider in between the parties to these proceedings and as such, no consumer complaint could be entertained. Forum below in fact recorded erroneous finding as far as this issue is concerned. It being a point of law can always be dealt with in the appeal. As far as alleged deficiency in service is concerned, documents of registration of the vehicle are not with the Bank which they have clarified to the auction purchaser i.e. complainant. The vehicle was purchased subject to all those deficiencies. Under the circumstances, there is no deficiency in service on the part of respondent-Bank. Forum below rightly held accordingly.

For the reasons stated above, we find the appeal devoid of any substance and holding accordingly pass the following order :-

-: ORDER :-

1. Appeal stands dismissed in limine.

2. No order as to costs.

3. Copies of the order be furnished to the parties.





(S. P. Lale) (S. R. Khanzode)

Member Presiding Judicial Member



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