Appeal No. 285/2009.

Date of Decision 21.12.2009

In the matter of:

M/s Royal Motors The Tata Authorized Service Station,

NH-88, Ballu, PO Bhager, Tehsil Ghumarwin, District Bilaspur,

Himachal Pradesh.

… … Appellant/OP No2.

Versus
1. Sh. Madan Lal son of Sh. Sunder Ram R/o Vill. Barwar,

PO Behna Jattan, Jhanduta, District Bilaspur, Himachal Pradesh.

…….Respondent/complainant.

2. M/s Libra Automobiles Limited, VPO Behdala, Nangal

Road, Una, Himachal Pradesh through its Proprietor.



… … Respondent/OP No.1.

Hon’ble Mr. Justice Arun Kumar Goel (Retd.), President.

Hon’ble Mrs. Saroj Sharma, Member.

Hon’ble Mr. Chander Shekhar Sharma, Member.



Whether approved for reporting? No.



For the Appellant.: Mr. Neel Kamal Sharma with Mr. Z.A.

Bhutto, Proprietor of the appellant firm,

he has been identified as such by Mr.

Sharma.

For the Respondent No.1: Mr. S.L. Sharma, Advocate alongwith his client. He is identified as such by

Mr. Sharma.

For the Respondent No.2: Mr. Mohinder Verma, Advocate with

Mr. Vivek Kaushal, Branch Manager of

respondent No.2 at its Behdala Branch, Tehsil & District Una, who has been identified as such by Mr. Verma.

O R D E R
Justice Arun Kumar Goel (Retd.), President (Oral).

When hearing in this case commenced, it was pointed out by Mr. Verma learned counsel for the respondent No.2 on instructions received from official of his client, that a sum of Rs. 6,840/- is still due and outstanding payable by respondent No.1. On the other hand, Mr. S.L. Sharma, learned counsel for the respondent No.1 stated that his client has routed a sum of Rs. 1,62,124/- to respondent No.2 through the appellant. Detail of the amount paid by the respondent No.1 to respondent No.2 through the appellant is as under:-

Rs. 1,00,000/- towards margin money;

Rs. 10,624/- towards insurance money; and

Rs. 1500/- towards temporary registration number etc.



In addition to the above sum of Rs. 1,62,124/-, further sum of Rs. 94,000/- according to Mr. Verma was received by his client from the financier, i.e. Tata Motor Finance Ltd. In this manner a total sum of Rs. 2,56,124/- in all was paid by respondent No.1 to respondent No.2 partly through the financier and partly through the appellant.

2. This amount was paid against the cost of the Tata ACE vehicle + insurance to the extent of Rs. 2,57,210/-. With a view to sort out the matter, Rs. 5754/- has been paid in cash by the appellant which was received by respondent No.2 and sum of Rs. 1,086/- has been paid by respondent No.1 to respondent No.2 before us.

3. According to Mr. Verma, learned counsel for the respondent No.2 that now there is no amount outstanding payable by respondent No.1 to respondent No.2. Since no amount is due and outstanding payable according to respondent No.2, it was stated by Mr. Verma that all the necessary documents required for transfer of the vehicle will be delivered to respondent No.1 through his learned counsel Mr. SL. Sharma Advocate, District Courts at Bilaspur latest by 22.12.2009 by his client.

4. Suffice it to say in this behalf, that in case needful is not done, then in such a situation respondent No.2 shall be liable to pay Rs. 1500/- per day w.e.f. 21.12.2009 to respondent No.1 till the date all the necessary papers required for getting the vehicle registered, delivered by respondent No.2 to respondent No.1 through Mr. S.L. Sharma, Advocate his learned counsel. This is one aspect of the case.

5. Mr. Neel Kamal Sharma learned counsel for the appellant submitted that his client was not at all fault. He was wrongly impleaded as a party, and was also not properly served during the course of proceedings before the District Forum below, therefore the impugned order is liable to be set aside against him. Alternatively and without conceding in any manner or giving up his earlier plea, Mr. Sharma submitted that the compensation awarded is on extremely on higher side, and cost should not have been levied at all. As according to him, his client is only running an Authorized Service Station of Tata Motors. He is neither the dealer, nor a go between in the matter of sale of vehicles by respondent No.2 to its customers like respondent No.1, therefore he prayed for modifying the order by setting aside the compensation levied against his client as well as the cost.

6. Prima facie submission urged on behalf of the appellant appears to be quite impressive and attractive. When specifically confronted with complaint file, learned counsel for the appellant admitted that the “Acknowledgement Due”, which is the last document on the said file, (after Mr. Sharma has shown it to his client), that registered AD notice was received on behalf of the appellant by one of its the then employee, Ms. Seema. This nails the first submission of Mr. Sharma that his client was not served in the complaint, as such could not have been proceeded against ex-parte.

7. Now comes the question whether the compensation levied upon the appellant is justified or not, and or if it calls for interference in this appeal. Suffice it to say in this behalf, that after having admittedly received Rs. 1,62,124/-, this entire amount was not paid by the appellant to the respondent No.2. In the face of this conclusion also, we find no infirmity in the order of District Forum below which may call for interference in this appeal. Why did the appellant receive the sum as detailed hereinabove from the respondent, Mr. Neel Kamal Sharma had no answer.

8. No other point is urged.

In view of the aforesaid appeal filed by the appellant is partly allowed thereby order passed by District Forum below is modified and it is ordered that out of the deposited amount, sum of Rs. 22,000/- with upto date interest accrued on it will be remitted by the office to Mr. Madan Lal son of Sh. Sunder Ram R/o Vill. Barwa, PO Behna Jattan, Tehsil Jhanduta, District Bilaspur, HP, and the entire balance amount also with upto date interest accrued on it will be remitted to M/s Royal Motors, The Tata Authorized Service Station, NH-88, Ballu, PO Bhager, Tehsil Ghumarwin, Distt. Bilaspur, HP.

All interim orders passed from time to time in this appeal shall stand vacated forthwith.

Learned counsel for the appellant and respondent No2 have undertaken to collect copy of this order from the Court Secretary free of cost as per rules, and Mr. S.L. Sharma submitted that it may be sent to him at his address District Courts, Bilaspur. Prayer of Mr. Sharma is allowed. Office is directed to do the needful.

Shimla,