CPL MOTORS PRIVATE LIMITED Vs. ANUP KUMAR & OTHERS

JUDGEMENT

(1.) Appellant has assailed, by means of this appeal, order dated 25.03.2009, of learned District Consumer Disputes Redressal Forum, Kangra at Dharamshala, whereby a complaint, under Section 12 of the Consumer Protection Act, 1986, filed against it (the appellant) and respondents No.2 to 4 by respondent/ complainant Anup Kumar, has been allowed and a direction issued to the appellant to refund a sum of Rs.47,004/ -, which had allegedly been overcharged by the appellant, at the time of sale of a vehicle to respondent/complainant and also to pay Rs.25,000/ - as compensation and Rs.2,000/ - as costs.

(2.) Facts relevant for disposal of the appeal may be noticed. Respondent/complainant Anup Kumar purchased a vehicle from the appellant, on being persuaded by respondent No.2, who claimed to be a representative/agent of the appellant, that finance for purchase of the vehicle would be arranged by the appellant from respondents No.3 and 4, without any difficulty. Respondent/complainant further alleged that he paid Rs.55,000/ -, on account of marginal money and on 14th July, 2005, a Tata Specio E -II vehicle was delivered to him. At the time of delivery of the vehicle, only insurance cover note was made available to respondent/complainant, as per his allegation. Respondent/complainant alleged that when he applied for registration, after obtaining a sale certificate, in which date of sale was shown to be 19.07.2005', the Registering Authority pointed out that though the model of the vehicle was written as 2005' in the sale certificate, in -fact, the model was of 2004 year. Registering Authority did not register the vehicle, because of this defect.

(3.) Respondent/complainant then approached the appellant, from whom the vehicle was purchased, who issued another sale certificate, in which the vehicle was shown to be of the year, 2004. Vehicle was got registered by respondent/complainant thereafter.