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2025 Supreme(Online)(SCDRC) 37081

STATE CONSUMER DISPUTES REDRESSAL COMMISSION
The Manager M/s Trident Hundai – Appellant
Versus
M R Rajappa alias Rajanna – Respondent
SC/29/A/320/2015



Petitioner Advocates:K Krishna Prasad ,Respondent Advocate: B. Pamod-1 & G.S.H-2

STATE CONSUMER DISPUTES REDRESSAL COMMISSION KARNATAKA FIRST APPEAL NO. SC/29/A/320/2015 The Manager, M/s Trident Hundai, PRESENT ADDRESS - Mahaveer Oil Compound, Sira Road, Tumkur . ,KARNATAKA.

The General Manager PRESENT ADDRESS - Trident Auto Mobiles Pvt Ltd., Having Head office at No.1, Lower Palace Orchards, Sankey Road, Bangalore . ,KARNATAKA.

.......Appellant(s)

Versus M R Rajappa alias Rajanna, PRESENT ADDRESS - S/o Rudra Shetty, A/a 50 years, R/o Mylana Halli village, Kasaba Hobli, Arasikere Taluk, Hassan Dist . ,KARNATAKA.

B.S.Prabhu Kumar PRESENT ADDRESS - S/o B.S.Shiva Kumar, Proprietor of M/s Siddeshwara Traders, APMC Yard, Opp Raghavendra Swamy Temple, Street of Shanubhog, Arasikere Town, Hassan Dist . ,KARNATAKA.

.......Respondent(s)

BEFORE:

HON'BLE MR. RAVISHANKAR , JUDICIAL MEMBER HON'BLE MRS. SMT.SUNITA CHANNABASAPPA BAGEWADI , MEMBER FOR THE APPELLANT:

NEMO FOR THE RESPONDENT:

NEMO DATED: 23/05/2025

ORDER

BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE. (ADDL. BENCH)

rd DATED THIS THE 23 DAY OF MAY, 2025 APPEAL NOs.320/2015 AND 741/2015 PRESENT SRI RAVI SHANKAR, JUDICIAL MEMBER SMT. SUNITA C.BAGEWADI, MEMBER

1. Appeal No.320/2015

1. The Manager, M/s Trident Hundai, Mahaveer Oil Compound, Sira Road, Tumakuru ...Appellant/s

2. The General Manager, Trident Auto Mobiles Pvt. Ltd, Having Head Office at No.1, Lower palace orchards, Sankey Road, Bengaluru (By M/s.K.Krishna Prasad, Advocate)

-Versus-

1. M.R.Rajappa @ Rajanna, S/o Rudra Shetty, Aged about 50 years, Resident of Mylana Halli Village, Kasaba Hobli, Arasikere Taluk, Hasan District ….Respondent/s

2. B.S.Prabhu Kumar, S/o B.S.Shivakumar, Proprietor of M/s Siddeshwara Traders, APMC Yard, Opp. Raghevandra swamy Temple, Street of Shanubhog, Arasikere Town, Hasan District (R1-By Sri.B.Pramod, Advocate)

(R2-by Girish B.Hegde, Advocate)

2. Appeal No.741/2015

1. B.S.Prabhu Kumar, S/o B.S.Shivakumar, Aged about 28 years, … Appellant/s Proprietor of M/s Siddeshwara Traders, APMC Yard, Opp. Raghevandra swamy Temple, Shanubhog Street, Arasikere Town, Hasan District (By Sri.Girish B.Hegde, Advocate)

-Versus-

1. M.R.Rajappa @ Rajanna, S/o Rudra Shetty, Aged about 50 years, Resident of Mylana Halli Village, Kasaba Hobli, Arasikere Taluk, Hasan District-573103 ….Respondent/s

2. The Manager, M/s Trident Hundai, Mahaveer Oil Compound, Sira Road, Tumakuru -01 (R-1 - By Sri.B.Pramod, Advocate)

(R-2 - By Sri.K.Krishna Prasad, Advocate)

O R D E R

BY SMT. SUNITA C.BAGEWADI - MEMBER The Appeal No.320/2015 has been filed by the Appellants/Opposite Party Nos.1 and 2 being aggrieved by the order dated 20-3-2015 passed by the District Consumer Disputes Redressal Commission, Tumakuru in CC.No.34/2012 and prays to set-aside the order and to dismiss the complaint, in the interest of justice and equity.

2. The Appeal No.741/2015 has been filed by the Appellant/ Opposite Party No.3 being aggrieved by the order dated 20-3-2015 passed by the District Consumer Disputes Redressal Commission, Tumakuru in CC.No.34/2012 and prays to set aside the order passed by the District Commission, in the interest of justice and equity.

3. The Opposite Party Nos.1 and 2 in Appeal No.320/2016 and the Opposite Party No.3 in Appeal No.741/2015 have filed these two appeals against the same order and the subject matter involved in these appeals are one and the same. Hence, for the sake of convenience, these appeals are taken up together to pass a common order.

4. The parties to the appeals shall be referred to as complainant and Opposite Parties respectively as per their rankings before the District Commission.

5. The brief facts of the complaint is that, on 18.10.2010 the complainant was booked the car VGI BSIV Verna CRDI Car by depositing of Rs.5,000/-. On 21-10-2010 the complainant paid the st st entire price of the vehicle of Rs.10,20,900/- to the 1 Opposite Party and the 1 Opposite Party st acknowledged the same. The 1 Opposite Party assured the complainant to deliver the said car by issuing the car keys o

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