ORDER

Hon’ble Mr. Santanu Saha, Member

I. Genesis of the Case

The instant appeal has been preferred under Section 15 of the Consumer Protection Act, 1986, by the Appellant, M/s Premier Car World Pvt. Ltd., challenging the final Judgment and Order dated January 7, 2020, passed by the Learned District Consumer Disputes Redressal Commission, North 24 Parganas, in Consumer Complaint Case No. CC/404/2017. By virtue of the impugned order, the Learned District Commission allowed the complaint case on contest, directing the Appellant (Opposite Party therein) to pay a sum of Rs.2,57,000/- along with simple interest at the rate of 10% per annum in lump sum to the Complainant. Additionally, the Appellant was directed to pay Rs.5,000/- as compensation and a further Rs.5,000/- towards litigation costs, with a mandate to comply with the entire directive within 35 days from the date of the order. Being aggrieved by this adjudication, the Appellant has approached this State Commission praying for setting asidethe impugned order in its entirety.

II. Proceedings Before This Commission

The Memo of Appeal was preferred before this Commission with a delay of 19 days which stood condoned by this Commission, vide its order dated November 24, 2021 and the appeal was formally admitted for regular hearing. The matter was initially taken up for hearing on June 20, 2024 and was heard in part. Consequent upon a subsequent reconstitution of the Bench, a fresh hearing became necessary and accordingly, the final hearing was concluded on August 6, 2026, with the active participation of the Learned Counsels representing both sides. This Appellate Authority has meticulously perused the entire case record, including the Memo of Appeal, the impugned judgment, the written version, questionnaires, replies, and theBrief Notes of Arguments (BNA) submitted by the respective parties.

III. Facts in Brief

The foundational matrix of the dispute traces back to March 10, 2016, when the Complainant booked a pre-owned Maruti SX 4 vehicle (Registration No. WB06J/4291) under the "True Value" commercial scheme hosted by the Appellant. The transaction was initiated upon a booking advance of Rs.5,000/- paid in cash, against a total mutually agreed consideration of Rs.3.69 Lakh. To satisfy a substantial portion of this consideration, the Complainant’s father surrendered and exchanged his Maruti Omni car (Registration No. WB R-2016), which was valued and accepted by the dealer at an exchange price of Rs.1.30 Lakh. The Complainant directly paid the remaining balance of Rs.2.39 Lakh to the Appellant. Crucially, over and above the vehicle's consideration, the Complainant paid an additional sum of Rs.13,000/- specifically earmarked as administrative and statutory charges to facilitate the transfer of name and ownership registration in the regulatory records. The vehicle was physically delivered to the Complainanton April 05, 2016.

The vehicle had previously been registered in the name of M/s Lessee Oil & Natural Gas Corporation Ltd. (ONGC), with its tax token valid up to February 14, 2017. At the time of delivery, the Appellant explicitly assured the Complainant that the registration and transfer of title in favour of the Complainant would be executed within a period of six months. Because the pre-existing insurance policy had already expired on February 1, 2016, and the Appellant demanded a premium of Rs.18,000/- to arrange a new policy, the Complainant independently procured comprehensive insurance coverage from National Insurance Company (NIC) Ltd. on April 8, 2016, for a premium of Rs.10,756/-. To ensure the legal plying of the vehicle on public roads, this policy had to be taken out in the name of the existing registeredowner, ONGC.

On April 11, 2016—mere days after delivery—the vehicle met with a road accident. The damaged vehicle was immediately towed back to the Appellant’s workshop for comprehensive repairs. The Appellant acknowledged receipt of the vehicle and issued an Accide