Orissa

Jharsuguda

CC/42/2019

Sri,Man Mohan chandak S/O- late Bhagwan Das Chandak - Complainant(s)

Versus

The Branch Manger, ODYSEE MOTERS PVT.LTD - Opp.Party(s)

B. Baid

08 Dec 2021

ORDER

DISTRICT   CONSUMER DISPUTES REDRESSAL COMMISSION, JHARSUGUDA.

                                                          

C.C.NO-42/2019

 

Man Mohan Chandak , aged about 60 yrs.

 S/O-Late Bhagwan Das Chandak,

       R/o- Marwaripada, Main Road,

       Po/Ps/Dist : Jharsuguda……………………………………………...……Complainant.

     

Versus

 

1.  Branch Manager,

Odysee Motors Pvt. Ltd.,

Sarbahal Bypass Road, Jharsuguda Branch,

Po/Ps/Dist: Jharsuguda……………………………………....……………Opp. Party.

 

            Counsel for the Parties:-

For the Complainant                       :-         Sri B.Baid,Adv. & Associates.                  

For the Opp. Party                           :-         Sri S. Rai,Adv. & Associates.

 

             Present:-     1. Shri  Dipak Kumar Mahapatra, President.

                                     2. Smt. Anamika Nanda, Member (W).

 

Date of Hearing:- 01.12.2021, Date of Order: 08.12.2021

 

SRI DIPAK KUMAR MAHAPATRA, PRESIDENT:- Brief facts of the case is that, the Complainant has purchased a second hand Maruti Omni Van from the O.P through auction sale which is bearing registration number-OR-21-B-4555 on dtd.29.07.2017 on payment of Rs.97,000/- as full and final consideration amount. The amount was paid through cheque vide no-646935 dtd. 29.07.2017 which was duly received and acknowledge by the O.P. The Complainant as several time approached the O.P to issue the original papers and documents of the said vehicle for which the Complainant can transfer the ownership of the vehicle in to his name. Due to this reason the Complainant I unable to ply the said vehicle on road with a fear of checking by the R.T.O authorities and imposition of penalty. It is the statutory duty of the O.P to transfer the ownership of the vehicle to the name of the Complainant.

            As per the O.P admitted the sale of the Maruti Omni van to the Complainant bearing No- OR-21-B-45555 by the way of cheque. The O.P has brought No Objection Certificate issued from RTO Jagatsinghpur, in favor of the RTO Jharsuguda for registration in favour of the Complainant vide NOC No-2826 dtd. 06.09.2017. The O.P has tried his best to transfer the ownership of the vehicle in the name of the Complainant but the RTO, Jharsuguda is not referring the ownership from the original owner named Debendra Kumar Satpathy to the name of the Complainant.  The Complainant has not parties to the RTO Jagatsinghpur and Jharsuguda in this case. Due to negligent service of the RTO Jagatsinghpur and Jharsuguda the Complainant is being harassed. The Hon’ble Forum may give a direction to the RTO Jagatsinghpur and Jharsuguda to change the ownership of the Van from the name of Debendra Kumar Sapathy to the name of the Complainant Manmohan Chandak.

POINTS OF DETERMINATION:-

1. Whether the Complainant is comes under the purview of Consumer Protection Act-2019?
2. Whether the O.Ps has committed any Deficiency in Service to the Complainant?

 

From the above discussion and materials available on records we inferred that the Complainant comes under the purview of Consumer as he had purchased a second hand Maruti Van from the O.P on payment of consideration. In the above the transaction was between the Complainant and the O.P and there was third party involvement exists. The Complainant has nothing to do with the owner of the Maruti Omni and as the vehicle was a second hand vehicle and the deal was through the O.P there also no scope for the Complainant to know about the Owner. It is the owner who has the responsibility of getting the ownership transferred in the name of the Complainant from the name of the original registered owner. But in this case the O.P has not has done all the formalities hence the ownership could not be transferred for which the Complainant could not ply the car on road. So we considered that the O.P was negligent in providing necessary services and we order

ORDER

The Complaint petition is allowed. The O.P is directed to issue the relevant documents of the Maruti Van to the Complainant within 30(Thirty) Days of receiving the order from this Commission. The O.P is further directed to pay Rs.10,000/- as Compensation towards harassment, metal pain and along with Rs. 5,000/-(Rupees Five Thousand) towards the cost of litigation. All the above orders are to be carried out within 30 (Thirty) days of receiving of this order, failing which, the complainant is at liberty to proceed in due process of law. 

           

Order pronounced in the open court today i.e, on 8^th  day of December-2021 under my hand and seal of this Commission.

 

Office is directed to supply copies of the Order to the parties free of costs receiving acknowledgement of the delivery thereof.

I agree,                                                                                             

 

 

MEMBER.(W)                                                                                               PRESIDENT.

                                                            Dictated and Corrected

                                                                            By me.

           

 

                                                                        PRESIDENT.