ORDER

Date of Filing: 18.04.2016 Date of Disposal: 12.05.2026

Mr. Rajes Guha Ray, Judicial Member

1. This appeal has been directed against the final order dated 14.01.2016 passed by Ld. DCDRF, Murshidabad at Berhampore in Consumer Complaint Case No. CC/11/2012.

Due to heavy work load, hindrances arising out from occasions of absence of full bench of this Commission and resolution of local Bar Association the instant Appeal suffered delay in its disposal.

2. The back drop of the appeal is that the complaint case no. CC/11/2012 was filed by the complainant/respondent no. 1 purchased a new Tata VISTA TERRA TDI car having Chassis no. MAT 6085319PK86900 and Engine No. 475IDT14KQZPA3788 for an amount of Rs. 3,80,366/- from the appellant/O.P. no. 1 and by making down payment of rupees 2,09,366 along with loan amount of rupees 1,71,000 from the respondent no. 2 and 3 which will be repaid by 47 instalments of Rs. 4861/- per month. The vehicle was purchased for his personal use. The appellant gave delivery of the vehicle on 24/12/2009 with the key and TCR only but without giving any document particularly the registration certificate. Respondent no. 1/ complainant started plying the vehicle on road on 7/1/2010 but violated Motor Vehicles Act and paid Rs. 10,270/- as fine.

2.1 The respondent no. 1/ complainant paid total Rs. 3,09,965/- but due to non-availability of registration certificate and other documents that car has not been running since 7/1/2010 for which the car is not roadworthy the respondent no. 1/ complainant requested the dealer/opposite party no. 1/appellant to take the car in return. Ultimately the respondent no. 1/complainant instituted the complaint case before the Learned Forum below against the present appellant and the respondent nos. 2 & 3 praying for refund of Rs. 3,09,599/- , compensation and further reliefs.

2.1 The O.P. no. 1 / appellant and other opposite parties appeared and contested that case by filing written version.

3. The Learned Forum below framed the following points for disposal of the case 1. whether the case is maintainable in its present form and law 2. whether there is any cause of action to file the present case. 3. whether the case is barred by law of limitation. 4. whether the complainant is entitled to get relief as prayed for. 5. To what other relief/reliefs the complainant is entitled

After a contested hearing of the case the Ld. Forum below allowed the consumer complaint case on contest against the O.P. no. 1 i.e. the appellant herein and dismissed against the O.P. nos. 2 and 3 directing the opposite party no. 1/appellant to pay Rs. 3,09,599/- to the complainant within two months subject to return of the car in running condition by the complainant, in default the O.P. no. 1 i.e. the appellant is to pay Rs. 100/- as fine for day’s delay and the amount so accumulated shall be deposited in the Consumer Legal Aid Account.

4. Being aggrieved and dissatisfied with the impugned judgement and order the appellant/opposite party no. 1 has preferred this appeal inter alia on the following grounds -

G R O U N D S O F A P P E A L

i) that the Ld. Forum below has failed to exercise its jurisdiction vested on it by law;

ii) that the Ld. Forum should have considered that the respondent no. 1/1 complainant failed to produce any evidence to show that he has made payment of rupees 2,09,366 as down payment, the tax invoice has been prepared and issued for the purpose of loan and in absence of the same the bank will not disburse the loan amount and therefore the said document like tax invoice will not establish payment of entire amount;

iii) that Ld. Forum below ought to have considered that the appellant made out a specific case regarding bulk booking and delivery of cars in favour of BMG group who have made payment of Rs. 8.55 lakhs but out of Rs. 11,17,000/- as down payment and on good faith the appellant delivered the cars to the said company/ firm who assured to pay the balance down payment in time and that