1.            The present revision petition has been filed against the order dated 06.08.2019 of the State Commission in Complaint no. 813 of 2018 filed by the present petitioner against the complaint whereby the petitioner had challenged the order of the District Forum dated 20.08.2018 in complaint case no.115/2013.

2.          The dispute between the parties is regarding the responsibility of getting the car documents transferred. While the complainant, who had purchased a second hand car from the petitioner, alleged that it was the responsibility of the petitioner, the seller, the petitioner has alleged that it was the responsibility of the complainant, the purchaser of the second hand car. To substantiate its contentions the petitioner has relied on an agreement dated 24.10.2012 and submits that as per this agreement it was the duty of the complainant to get all the papers transferred after purchasing the car.

3.        On the other hand reliance is placed on following clause of the Agreement:

…….The first party after the payment of balance amount will receive the original documents, RC, Sale letter, No dues Certificate, Insurance and other documents from the second party for the said vehicle.  So that the first party may get transfer in her name, transfer expense will be borne by the first party. 

       Main thrust of the petitioner is on this clause.

4.       The complainant in her complaint has alleged categorically that she had paid a sum of Rs.5,020/- on 14.01.2013 to the petitioner for getting the documents transferred in her name. Relevant para 7 of the complaint is reproduced as under:

7.        The opposite party no. 1 and 2 has given assurance to the complainant that on bringing the said vehicle to the workshop, the opposite party no. 1 and 2 will get it fixed and they will get the amount from the insurance company for the same.  At first, the opposite party no. 1 and 2 informed the complainant that the expense incurred for transferring the papers is to be submitted to the opposite party no. 1 and 2, then only opposite party no. 1 and 2 will fix the said vehicle of the complainant.  After getting the amount from the insurance company, they will do the necessary action at their end.  At the same time, an amount of Rs.5,020/- towards the expenses incurred on transferring the papers had been submitted by the complainant on 14.01.2013 to opposite party no. 1 and 2 and got the receipt of the same.  After this, the opposite party no. 1 and 2 had taken the signature of the complainant on the desired form for getting the amount from the insurance company.  And also said that whenever the complainant bring the said vehicle to opposite party no. 1 and 2, then the vehicle will be fixed by putting the genuine parts of the company and will also get the claim amount.  From the very outset, all the papers of the said vehicle are with the opposite party no. 1 and 2.

5.     From perusal of the written version to the complaint of the petitioner it is clear that