IMPORTANT POINT
Dealer cannot deny sale letter to purchaser after realizing full price of vehicle.

S.C. Vyas, President—This appeal is directed against order dated 5.8.2011 of District Consumer Disputes Redressal Forum, Dhamtari (CG) (hereinafter called “District Forum” for short), passed in complaint Case No. 39/2009, whereby the complaint of the appellant herein, for claim of compensation, alleging deficiency in service & unfair trade practice on the part of both respondents in sale of the tractor, in collecting excessive price of the said tractor and in not providing proper documents and not getting the vehicle duly registered and thus committing deficiency in service, has been dismissed.

2. Shri Hariklal, the husband of the complainant appellant was the person, to whom under a Scheme of Government of India, the loan amount of Rs.5,00,000 was sanctioned by respondent No.2 for purchase of tractor of Tafe 241 D.I. along other instruments at the cost of Rs.5,00,000 from the Area Manager of the Company. The said person Shri Harilal, died later on, after filing original complaint before District Forum and on his death his wife Smt. Lalita Bai, the present appellant complainant, was substituted as complainant in the complaint case.

3. The grievance of the complainant before District Forum was that he purchased a tractor from respondent No.1 under the Scheme at the cost of Rs.5,00,000.The tractor was sold at a very excessive price by respondent No.1 to him and actually cost of the tractor was only Rs.4,22,750, which was shown in the insurance policy of the vehicle. It has also been averred in the complaint that respondent No.1 collected Rs.27,250 for insurance and registration of the vehicle, whereas the premium of insurance was only Rs.6,,692. It has also been averred that both the respondents were having conspiracy and on account of that conspiracy Rs.50,000 extra was collected against cost of the vehicle. The complainant requested many times to respondent No.1 for refund of Rs.50,000 and ultimately respondent No.1 handed over him a cheque of Rs.30,000 only of Union Bank of India, as refund of extra amount collected. The said cheque was deposited by the complainant in his bank account, but the amount could not be collected as cheque was bounced on account of insufficient fund. Thus, it was clear that respondent No.1 was never intending to pay extra amount collected by him from the complainant and thus committed deficiency in service as well as unfair trade practice and the officers of the respondent No.2 were also party in the conspiracy of committing such unfair trade practice, therefore, the complaint was filed before District Forum alleging the aforesaid facts.

4. Though, appearance was made before District Forum on behalf of respondent No.1, but no written version was filed. However, respondent No.2 refuted the allegations levelled against it by the complainant and averred that neither it committed any deficiency in service nor provided any service on payment to the complainant. On the contrary under the Scheme of Government of India, the cost of the tractor was sanctioned by way of loan and was paid by an account payee cheque.

5. Learned District Forum after having considered the material placed before it by both parties came to the conclusion that as no quotation of respondent No.1 has been filed so, in absence of quotation, there remains no material to show that excessive cost of the tractor was collected by respondent No.1 or that certain promises were made by respondent No.1 for registration and insurance of the vehicle. The allegations levelled in the complaint were not proved and so the complaint has been dismissed.

6. After having heard the arguments advanced by both parties and having gone through the record of the case, we ape of the view that so far as respondent No.1 is concerned, the conclusion drawn by the District Forum appears erroneous and calls for interference. So far as respondent No.2 is concerned, there appears no material to substantiate the allegations and so against respondent No.2, the comp