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CIRCUIT BENCH OF THE TAMIL NADU STATE CONSUMER DISPUTES

REDRESSAL COMMISSION AT MADURAI

@ District Court Campus, Madurai - 20

Present : Hon’ble Thiru Justice R. SUBBIAH … PRESIDENT

F.A. No.623/2025

(Against Order dt.28.02.2024 in C.C.No.81/2019 on the file of

DCDRC, Thanjavur)

DATED THIS THE 24^TH DAY OF DECEMBER, 2025

General Manager,

Renault India Private Limited,

Plot No.1,

SIPCOT Industrial Estate, Mattur Post,

Sriperumpudur,

Chennai – 602 105. ... Appellant/1^st Opposite Party.

Vs.

1. Sundaramurthy,

Through its Power Agent,

T.Manoharan S/o.Thangarasu,

No.55, Bharathithasan Street,

Ashok Nagar, Lawspet,

Puducherry-605 008.

… 1st Respondent/Complainant.

2. General Manager,

Annamalai Motors Private Limited,

No.1, Lakshmi Estate,

Pudukottai Main Road,

Thanjavur – 613 005.

… 2nd Respondent/2nd Opposite Party.

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Counsel for Appellant/O.P.-1 : M/s. Senthil Sivaganesh.

Counsel for R-1/Complainant : M/s. J. Senthil Kumar.

For R-2/O.P.-2 : Given up.

The 1^st Respondent, as Complainant had filed a complaint before the

District Commission against the opposite parties praying for certain

directions. The District Commission had passed an exparte order and

allowed the complaint, in part. Against which, this appeal has been

preferred by the 1^st opposite party praying to set aside the exparte order of

the District Commission, Thanjavur dated 28.02.2024 in C.C.No.81/2019.

This appeal is coming before me for hearing finally, today. Upon

hearing the arguments of both sides through video conferencing and upon

perusing the documents, lower court records and the order passed by the

District Commission, this Commission made the following order in the open

court.

ORDER

THIRU.R.SUBBIAH, PRESIDENT(Open court)

1. The 1^st opposite party before the District Commission is the

appellant herein.

2. The case of the complainant before the District Commission is that

he is a permanent resident of foreign country and as per his mother’s wish

he had booked a car Renault Lodgy on 02.12.2016 in his wife’s name with

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the 2^nd opposite party and paid an advance amount of Rs.1,10,465/-. He

had arranged a loan from HDFC Bank Ltd., Mayiladuthurai for the purchase

of the car. But, the car was not delivered to him, for which the 2^nd opposite

party informed that they have not yet received the car from the 1^st opposite

party. In the meanwhile, the car loan of Rs.8,96,942/- has been sanctioned

and the same has been paid to the 2^nd opposite party by HDFC Bank Ltd.

on 16.02.2017. On 17.02.2017, the car was purchased in the name of the

complainant for Rs.10,33,870/-. The car was delivered on 25.02.2017 along

with a copy of Insurance Certificate. But, the necessary documents for

Permanent Registration of the car at Mayiladuthurai RTO have not been

handed over by the 2^nd opposite party. Inspite of several requests made by

the complainant, his wife and his friend Mr. Nagasubramanian to the 2^nd

opposite party, the 2^nd opposite party repeatedly informed that they have

not yet received the documents from the Thanjavur RTO Office. Finally,

they informed that they have misplaced the papers and they will hand over

the papers immediately after they traced it. But they did not hand over the

papers. During his visit to India on 15.03.2018, he went along with his

friend and shouted against the officers of the 2^nd opposite party. One L.

Balaji, Sales Team Leader of the 2^nd opposite party had taken the

complainant to the Police Station at Thanjavur Medical College Hospital on

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15.03.2018 and gave a complaint with regard to loss of papers. On

05.06.2018, the Police has issued the Non-traceable Certificate and the

same was handed over to the Thanjavur RTO for getting duplicate papers.

On the same day, he had executed a Power of Attorney in favour of one

Mr. T. Manoharan. On 11.07.2018, his power agent has collected all the

duplicate papers. After getting the fresh Insurance Certificate on

24.07.2018, the papers were submitted before the Mayiladuthurai RTO on

27.07.2018. Finally, on 10.09.2018, the car was registered permanent