NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Sudip Ahluwalia, Presiding Member and
Rohit Kumar Singh, Member
M/s. Samta Motors Private Limited – Petitioner
versus
Narender and Anr. – Respondent
Revision Petition No.155 of 2018
(Against the Order dated 03/08/2017 in Appeal No. 805/2016 of the State Commission Haryana)
Decided on 22.1.2025
Consumer Protection Act, 1986 – Section 21(b) [Consumer Protection Act, 2019 – Section 58(1)(b)] – Concurrent findings of fact – Scope of interference in Revisional Jurisdiction – As per Section 21(b) the National Commission shall have jurisdiction to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any State Commission where it appears to the National Commission that such State Commission has exercised its jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity. Thus, the powers of the National Commission are very limited. Only in a case where it is found that the State Commission has exercised its jurisdiction not vested in it by law, or has failed to exercise the jurisdiction so vested illegally or with material irregularity, the National Commission would be justified in exercising the revisional jurisdiction. In exercising of revisional jurisdiction the National Commission has no jurisdiction to interfere with the concurrent findings recorded by the District Forum and the State Commission which are on appreciation of evidence on record. Therefore, while passing the impugned judgment and order the National Commission has acted beyond the scope and ambit of the revisional jurisdiction conferred under Section 21 (b) of the Consumer Protection Act – Petition dismissed.
Result: Petition dismissed.
ORDER
Sudip Ahluwalia, Presiding Member—This Revision Petition has been filed against impugned Order dated 03.08.2017 passed by the Ld. State Consumer Disputes Redressal Commission, Haryana in First Appeal No. 805 of 2016 vide which the Order of the Ld. District Forum was affirmed.
2. The factual background, in brief, is that the Complainant, a resident of Village Barwani, Sonepat, purchased a Hyundai Verna Fluidic Diesel vehicle (Temporary No. HR-99-QF-Temp-0012) from the Opposite Party No. 1 for Rs.9,24,888/-, out of which Rs.4,50,000/- was paid in cash. The Opposite Party No. 1 assured the Complainant that the remaining amount would be financed, the vehicle would be insured with HDFC ERGO General Insurance, and the necessary documents, including the original bill and invoice, would be provided for registration with the Motor Vehicles Authority in Sonepat. However, on the purchase date, 31.12.2013, only a temporary registration number was issued (Ex.C.1), and the vehicle was delivered. Contrary to assurances, the Opposite Party No. 1 insured the vehicle with Reliance General Insurance (Policy No. 200532311027392, valid until 30.12.2014) instead of HDFC ERGO. Despite the Complainant’s multiple requests and a Legal Notice, the original bill and invoice were not provided. When contacted, an agent of the Opposite Party No. 1 informed the Complainant that the vehicle account had been incorrectly entered under ICICI Bank and assured that a corrected bill would be prepared and sent. However, the ICICI Bank refused to release the bill, and the Opposite Party No. 1 claimed the vehicle had been financed by Sundaram Finance on 02.03.2014, instead of 31.12.2013. The Complainant alleges negligence, stating that the delay and improper financing arrangements led to the inability to register the vehicle, resulting in significant mental agony, financial loss, and inconvenience. Despite repeated attempts to resolve the issue, the original bill and invoice necessary for registration remain unavailable, leaving the Complainant unable to use the vehicle effectively. Consequently, the Complainant filed his Complaint before the Ld. District Forum, Sonepat.
3. The Ld. District Forum vide its Order dated 18.07.2016 partly allowed the Complaint. The Petitioner/Opposite Party No. 1 then filed Appeal before the Ld. State Commission, which vide the impugned Order dated 03.08.2017 dismissed the same, and affirmed the Order of the District Forum. The relevant extracts of the impugned Order are set out as below—
“14. The complainant had to face so many hardships un- necessarily as the opposite party No.1 did not provide sale letter, bill regarding purchase of the vehicle and other documents needed for registration of the vehicle for such a long time despite this fact that the total sale price amount had already been paid to the opposite party No.1 before 13th March, 2014. In these circumstances, findings of the learned District Forum to give necessary directions as mentioned in paragraph No.6 of this order, are held valid and justified. The opposite party No.1 shall make available and provide sale letter, bill regarding purchase of the vehicle and other documents needed for registration of the vehicle and shall make payment of the penalty amount etc as per directions given in the impugned order.
15. As a result, as per discussions above in detail, we find no infirmity and illegality in the impugned order passed by the District Forum. Accordingly, findings of the learned District Forum stand affirmed and appeal stands dismissed.”
4. We have heard the Ld. Counsel for Petitioner and Respondents, and perused the material available on record.
5. The decisions of both the lower Fora below on the question whether the Complainant had been able to successfully establish that the entire consideration price of the vehicle inclusive of the amount of Rs.6.00 lakhs obtained from the Financier/Respondent No. 2 had actually been paid to the Opposite Party/present Petit
The court emphasized the importance of evidence in proving delivery of goods in deficiency of service cases.
No evidence to substantiate the claims of delay on account of travel to Delhi and engagement of Counsel, to trace records as averred by Petitioners brought on record.
(1) Evidence - The District Forum in pursuance of its mandate under Section 13 was required to have the necessary evidence produced before it prior to drawing an adverse inference.(2) Order to replac....
The court affirmed that the vehicle was legally repossessed due to the complainant's failure to repay the loan, with no proven defects in the vehicle.
Deficiency in service occurs when repossession is conducted unlawfully without proper notice, violating consumer protection laws.
Proper registration and adherence to policy terms are crucial for insurance claims.
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