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M/s. Dulichand Auto Sales Pvt. Ltd. v/s M/s. Sree Howrah Stores, partnership firm, represented by its partner, Ashok Kumar & Another


Company & Directors' Information:- H & B STORES LIMITED. [Active] CIN = U74120DL2007PLC163361

Company & Directors' Information:- SALES INDIA PRIVATE LIMITED [Active] CIN = U29191GJ1985PTC007880

Company & Directors' Information:- E R AUTO PRIVATE LIMITED [Active] CIN = U34300HR2002PTC035002

Company & Directors' Information:- R K B SALES PVT LTD [Active] CIN = U45202PB2006PTC029932

Company & Directors' Information:- ASHOK AUTO SALES LIMITED [Active] CIN = U34102UP1991PLC012882

Company & Directors' Information:- P R SALES CORPORATION PRIVATE LIMITED [Active] CIN = U52399PN2011PTC141408

Company & Directors' Information:- DULICHAND AUTO SALES PRIVATE LIMITED [Active] CIN = U50200WB2013PTC193048

Company & Directors' Information:- K Y AUTO PRIVATE LIMITED [Active] CIN = U50300JK2013PTC003849

Company & Directors' Information:- J. S. B. AUTO PRIVATE LIMITED [Active] CIN = U50300DL2010PTC198144

Company & Directors' Information:- P K SALES COMPANY PRIVATE LIMITED [Active] CIN = U74140DL2011PTC219681

Company & Directors' Information:- T & R AUTO PRIVATE LIMITED [Active] CIN = U50200TG2012PTC082553

Company & Directors' Information:- K B SALES LTD [Active] CIN = U51109WB1993PLC058255

Company & Directors' Information:- D R D B AUTO PRIVATE LIMITED [Strike Off] CIN = U74899DL1988PTC032028

Company & Directors' Information:- AUTO SALES INDIA LIMITED [Active] CIN = U50300AS2001PLC006498

Company & Directors' Information:- J K SALES PRIVATE LIMITED [Active] CIN = U74899DL2001PTC109479

Company & Directors' Information:- HOWRAH STORES LIMITED [Active] CIN = U18101WB2000PLC091544

Company & Directors' Information:- D K Y SALES PRIVATE LIMITED [Active] CIN = U74899DL2002PTC117108

Company & Directors' Information:- A-1 AUTO PVT. LTD [Active] CIN = U51502MH2006PTC165934

Company & Directors' Information:- AUTO INDIA PRIVATE LIMITED [Active] CIN = U65991TN1984PTC010923

Company & Directors' Information:- Z-AUTO PRIVATE LIMITED [Active] CIN = U50500UP2021FTC153664

Company & Directors' Information:- K V AUTO LTD [Strike Off] CIN = U28932PB1994PLC014522

Company & Directors' Information:- K P R SALES PVT LTD [Active] CIN = U74899DL1983PTC016626

Company & Directors' Information:- M C SALES PRIVATE LIMITED [Active] CIN = U51909PB2007PTC031203

Company & Directors' Information:- A V M SALES PVT LTD [Active] CIN = U24112WB1990PTC048552

Company & Directors' Information:- P S SALES PRIVATE LIMITED [Active] CIN = U51432UP2002PTC026496

Company & Directors' Information:- P S AUTO SALES INDIA PRIVATE LIMITED [Active] CIN = U50300UP2005PTC030677

Company & Directors' Information:- A M SALES PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC034571

Company & Directors' Information:- V S P STORES PRIVATE LIMITED [Active] CIN = U74899DL1980PTC010223

Company & Directors' Information:- AUTO SALES PRIVATE LIMITED [Active] CIN = U52334MH1998PTC116724

Company & Directors' Information:- K G N AUTO PRIVATE LIMITED [Active] CIN = U74900PN2015PTC157675

Company & Directors' Information:- J. S. AUTO PRIVATE LIMITED [Active] CIN = U34102UP1986PTC008173

Company & Directors' Information:- S N SALES PRIVATE LIMITED [Converted to LLP] CIN = U74899DL1995PTC071621

Company & Directors' Information:- G C SALES PVT LTD [Active] CIN = U51109HR1989PTC030575

Company & Directors' Information:- G. L. SALES PRIVATE LIMITED [Active] CIN = U51909DL2010PTC205078

Company & Directors' Information:- J P M SALES PRIVATE LIMITED [Strike Off] CIN = U52100TG2012PTC080686

Company & Directors' Information:- P S AUTO PRIVATE LIMITED [Active] CIN = U34300MH1999PTC120052

Company & Directors' Information:- V. B. AUTO SALES PRIVATE LIMITED [Active] CIN = U50300UR2008PTC032624

Company & Directors' Information:- Y Z AUTO SALES PRIVATE LIMITED [Strike Off] CIN = U50100MH2002PTC137878

Company & Directors' Information:- C R SALES PRIVATE LIMITED [Active] CIN = U51311HR1989PTC034949

Company & Directors' Information:- P M C AUTO LIMITED [Strike Off] CIN = U34300DL1995PLC071849

Company & Directors' Information:- B C C AUTO PVT LTD [Active] CIN = U74899DL1992PTC051439

Company & Directors' Information:- S B SALES PRIVATE LIMITED [Active] CIN = U74899DL1984PTC019075

Company & Directors' Information:- H H AUTO PRIVATE LIMITED [Amalgamated] CIN = U34100DL2009PTC192880

Company & Directors' Information:- M M AUTO PRIVATE LIMITED [Strike Off] CIN = U50300UP1988PTC009527

Company & Directors' Information:- G B AUTO PRIVATE LIMITED [Strike Off] CIN = U50400MH1998PTC114977

Company & Directors' Information:- ASHOK SALES COMPANY PRIVATE LIMITED [Active] CIN = U16008UP1989PTC010789

Company & Directors' Information:- S M G SALES PRIVATE LIMITED [Active] CIN = U52190DL1996PTC076099

Company & Directors' Information:- G N INDIA SALES PRIVATE LIMITED [Active] CIN = U74999WB2012PTC180525

Company & Directors' Information:- ASHOK INDIA SALES PRIVATE LIMITED [Active] CIN = U51900MH1991PTC063447

Company & Directors' Information:- V R STORES PRIVATE LIMITED [Active] CIN = U74120UP2015PTC069508

Company & Directors' Information:- M C AUTO PVT LTD [Under Process of Striking Off] CIN = U34300DL1977PTC008716

Company & Directors' Information:- E N B AUTO (INDIA) PRIVATE LIMITED [Active] CIN = U34300PB1988PTC008040

Company & Directors' Information:- V. R. A. SALES PRIVATE LIMITED [Active] CIN = U74900UP2010PTC039548

Company & Directors' Information:- K K SALES PRIVATE LIMITED [Active] CIN = U20299UP1987PTC009147

Company & Directors' Information:- P S I SALES PRIVATE LTD. [Active] CIN = U74899DL1986PTC022999

Company & Directors' Information:- J D SALES LIMITED [Strike Off] CIN = U51909MH1983PLC029644

Company & Directors' Information:- N D K SALES PRIVATE LIMITED [Active] CIN = U51101UP2009PTC037413

Company & Directors' Information:- H P SALES COMPANY PRIVATE LIMITED [Active] CIN = U51495DL2004PTC128566

Company & Directors' Information:- R. K. P. SALES PRIVATE LIMITED [Active] CIN = U52601UP2018PTC101743

Company & Directors' Information:- N R B SALES PVT. LTD. [Active] CIN = U51109WB1989PTC047356

Company & Directors' Information:- D K STORES PVT LTD [Strike Off] CIN = U74920WB1989PTC047863

Company & Directors' Information:- U C SALES PRIVATE LIMITED [Active] CIN = U30007DL2004PTC127320

Company & Directors' Information:- K D R AUTO PRIVATE LIMITED [Active] CIN = U34300DL2005PTC132732

Company & Directors' Information:- A AND P STORES PRIVATE LIMITED [Strike Off] CIN = U74899DL1979PTC006685

Company & Directors' Information:- K S R AUTO PRIVATE LIMITED [Active] CIN = U34300PN2011PTC140367

Company & Directors' Information:- M A K SALES PRIVATE LIMITED [Amalgamated] CIN = U26106UP2003PTC027989

Company & Directors' Information:- D. K. G. SALES PRIVATE LIMITED [Active] CIN = U51909DL2012PTC232444

Company & Directors' Information:- G AND G SALES INDIA PRIVATE LIMITED [Under Process of Striking Off] CIN = U52339KL2001PTC015071

Company & Directors' Information:- J P AUTO PVT LTD [Strike Off] CIN = U50402WB1991PTC052147

Company & Directors' Information:- D S SALES PVT LTD [Active] CIN = U74899DL1981PTC011644

Company & Directors' Information:- S P M SALES PRIVATE LIMITED [Active] CIN = U51211DL1997PTC085322

Company & Directors' Information:- E G AUTO PRIVATE LIMITED [Converted to LLP] CIN = U74899DL1987PTC027016

Company & Directors' Information:- K S S SALES PRIVATE LIMITED [Active] CIN = U70200UP1999PTC024587

Company & Directors' Information:- S P C SALES PRIVATE LIMITED [Active] CIN = U51909DL2010PTC210237

Company & Directors' Information:- R AND H AUTO INDIA PVT LTD [Active] CIN = U74899DL1982PTC013349

Company & Directors' Information:- T I & M SALES LTD [Not available for efiling] CIN = U51900WB1967PLC015415

Company & Directors' Information:- G S SALES PRIVATE LIMITED [Active] CIN = U74899DL1983PTC015481

Company & Directors' Information:- M B SALES INDIA PRIVATE LIMITED [Active] CIN = U74899DL1994PTC057259

Company & Directors' Information:- U A AUTO SALES PRIVATE LIMITED [Strike Off] CIN = U50300MH2002PTC138394

Company & Directors' Information:- G B SALES PRIVATE LIMITED [Strike Off] CIN = U74900PN2013PTC149637

Company & Directors' Information:- D D AUTO PRIVATE LIMITED [Active] CIN = U74899DL1985PTC022306

Company & Directors' Information:- M L G SALES PRIVATE LIMITED [Strike Off] CIN = U51909DL1996PTC075048

Company & Directors' Information:- K I A SALES PRIVATE LIMITED [Strike Off] CIN = U51909DL2003PTC122783

Company & Directors' Information:- M V SALES (INDIA) PRIVATE LIMITED [Active] CIN = U51909DL2008PTC184122

Company & Directors' Information:- R & Y SALES PRIVATE LIMITED [Strike Off] CIN = U74900DL1998PTC093675

Company & Directors' Information:- A S M SALES PRIVATE LIMITED [Strike Off] CIN = U45301UR2000PTC025735

Company & Directors' Information:- M J SALES PRIVATE LIMITED [Strike Off] CIN = U18101MH1988PTC049326

Company & Directors' Information:- C R AUTO PRIVATE LIMITED [Strike Off] CIN = U34300PB1997PTC020137

Company & Directors' Information:- ASHOK STORES PRIVATE LIMITED [Strike Off] CIN = U52390OR1992PTC003026

Company & Directors' Information:- B S K AUTO PRIVATE LIMITED [Strike Off] CIN = U29246PB1997PTC020704

Company & Directors' Information:- G M SALES PRIVATE LIMITED [Strike Off] CIN = U99999MH1994PTC076494

Company & Directors' Information:- STORES INDIA PVT LTD [Strike Off] CIN = U51109MH1947PTC005474

Company & Directors' Information:- S G SALES PVT LTD [Active] CIN = U51909TG1989PTC010567

Company & Directors' Information:- D K B SALES PRIVATE LIMITED [Strike Off] CIN = U51109WB2009PTC136057

Company & Directors' Information:- R. P. SALES PRIVATE LIMITED [Active] CIN = U16004UP1995PTC017800

Company & Directors' Information:- K AND K AUTO PRIVATE LIMITED [Active] CIN = U29199TZ1996PTC007431

Company & Directors' Information:- P M C SALES PRIVATE LIMITED [Strike Off] CIN = U74899DL1986PTC024459

Company & Directors' Information:- M M SALES PRIVATE LIMITED [Strike Off] CIN = U52602OR1993PTC003255

Company & Directors' Information:- S S G M SALES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74900PN2014PTC151358

Company & Directors' Information:- A P SALES PRIVATE LIMITED [Strike Off] CIN = U74899DL1977PTC008819

Company & Directors' Information:- A R SALES PRIVATE LIMITED [Active] CIN = U51909DL2003PTC123142

Company & Directors' Information:- B M SALES PRIVATE LIMITED [Strike Off] CIN = U51909DL2004PTC127901

Company & Directors' Information:- J K M AUTO PRIVATE LIMITED [Strike Off] CIN = U34300DL2005PTC143914

Company & Directors' Information:- K AND K AUTO PRIVATE LIMITED [Not available for efiling] CIN = U34300DL1988PTC032426

Company & Directors' Information:- H B AUTO (INDIA) PRIVATE LIMITED [Active] CIN = U50401OR1988PTC002075

Company & Directors' Information:- ASHOK STORES PRIVATE LIMITED [Active] CIN = U99999MH1945PTC010334

Company & Directors' Information:- U R SALES PRIVATE LIMITED [Active] CIN = U51909PB2010PTC034419

Company & Directors' Information:- S K STORES PRIVATE LIMITED [Active] CIN = U51109RJ2013PTC044508

Company & Directors' Information:- S W C SALES PRIVATE LIMITED [Strike Off] CIN = U52599PB2005PTC028340

Company & Directors' Information:- S B G AUTO PRIVATE LIMITED [Strike Off] CIN = U50101MH2006PTC158566

Company & Directors' Information:- U. G. SALES PRIVATE LIMITED [Strike Off] CIN = U51101MH2012PTC233364

Company & Directors' Information:- M I P SALES PRIVATE LIMITED [Strike Off] CIN = U51900MH1973PTC016482

Company & Directors' Information:- G V S SALES PRIVATE LIMITED [Active] CIN = U51900MH2004PTC149593

Company & Directors' Information:- K J SALES PRIVATE LIMITED [Strike Off] CIN = U74120MH2012PTC228743

Company & Directors' Information:- INDIA AUTO STORES PRIVATE LIMITED [Strike Off] CIN = U74120MH2012PTC234611

Company & Directors' Information:- M G SALES PRIVATE LIMITED [Active] CIN = U74120UP2011PTC047801

Company & Directors' Information:- S F SALES PRIVATE LIMITED [Strike Off] CIN = U51101UP2011PTC044031

Company & Directors' Information:- S D T SALES PRIVATE LIMITED [Strike Off] CIN = U52390TG2012PTC080405

Company & Directors' Information:- D B S SALES PRIVATE LIMITED [Under Process of Striking Off] CIN = U74999UP2004PTC028747

Company & Directors' Information:- S M SALES PRIVATE LIMITED [Active] CIN = U51900DL1993PTC053285

Company & Directors' Information:- A N SALES PRIVATE LIMITED [Strike Off] CIN = U51909DL1997PTC091432

Company & Directors' Information:- A R V SALES PRIVATE LIMITED [Strike Off] CIN = U51909DL2005PTC138896

Company & Directors' Information:- O P AUTO PRIVATE LIMITED [Active] CIN = U51103DL2008PTC181391

Company & Directors' Information:- K K STORES PRIVATE LIMITED [Active] CIN = U51311DL2002PTC115866

Company & Directors' Information:- D K S AUTO PVT LTD [Strike Off] CIN = U34300DL2001PTC111465

Company & Directors' Information:- C L K AUTO PRIVATE LIMITED [Strike Off] CIN = U34300DL2003PTC118551

Company & Directors' Information:- A. C. T. SALES PRIVATE LIMITED [Strike Off] CIN = U52100DL2008PTC172729

Company & Directors' Information:- S SALES PRIVATE LIMITED [Not available for efiling] CIN = U51909DL2021PTC376262

Company & Directors' Information:- K B H AUTO PRIVATE LIMITED [Strike Off] CIN = U74899DL2000PTC107258

Company & Directors' Information:- V R SALES PRIVATE LIMITED [Strike Off] CIN = U51109KA1990PTC011491

Company & Directors' Information:- A J SALES PVT LTD [Strike Off] CIN = U51909CH1989PTC009863

Company & Directors' Information:- G M SALES PVT LTD [Strike Off] CIN = U51909CH1992PTC012260

Company & Directors' Information:- A TO Z SALES (P) LIMITED [Strike Off] CIN = U74900DL1996PTC082425

Company & Directors' Information:- J C SALES PRIVATE LIMITED [Strike Off] CIN = U51109DL1982PTC014805

Company & Directors' Information:- M S SALES PRIVATE LIMITED [Strike Off] CIN = U74300UP1967PTC003153

Company & Directors' Information:- B R SALES COMPANY PRIVATE LIMITED [Strike Off] CIN = U34300DL1983PTC016125

Company & Directors' Information:- D V SALES PVT LTD [Strike Off] CIN = U51900MH1982PTC026068

Company & Directors' Information:- S H STORES PVT LTD [Strike Off] CIN = U51109WB1937PTC008989

Company & Directors' Information:- SALES LIMITED [Dissolved] CIN = U99999MH1945PTC004578

Company & Directors' Information:- AUTO INDIA LIMITED [Not available for efiling] CIN = U99999MH1948PLC006176

Company & Directors' Information:- R K AUTO INDIA PVT LTD [Strike Off] CIN = U99999DL2000PTC901836

    First Appeal No. FA/790/2014

    Decided On, 09 August 2019

    At, West Bengal State Consumer Disputes Redressal Commission Kolkata

    By, THE HONOURABLE MR. SHYAMAL GUPTA
    By, PRESIDING MEMBER & THE HONOURABLE MR. UTPAL KUMAR BHATTACHARYA
    By, MEMBER

    For the Appellant: Prasanta Banerjee, Advocate. For the Respondents: Souvik Chatterjee., Advocate.



Judgment Text

Utpal Kumar Bhattacharya, Member

Instant Appeal has been filed challenging the judgment and order dated 30.06.2014 passed by the Ld. District Forum, Howrah in Complaint Case No. HDF 22 of 2014 allowing the complaint on contest with costs against the Appellant/OP.

Appellant/OP was directed to refund the amount of Rs. 2,97,095/- with interest accrued thereon @ 9% with effect from 13.12.2013 to the Respondent/Complainant.

The Appellant/OP was further directed to pay a compensation of Rs.20,000/- for prolonged mental agony and harassment that the Respondent/Complainant had to suffer from for becoming a victim of deficient service rendered to him by the Appellant/OP and litigation cost of Rs. 5,000/-.

All the amounts were directed to be paid within 30 days from the date of the impugned judgment and order, in default, as ordered, the entire amount should carry further interest @ 9% till realization.

The Complainant was allowed liberty to put the decree into execution in case of non-compliance of the order after expiry of the Appeal period.

Briefly stated, the fact of the case that led to the instant controversy was that the Respondent/Complainant made an advance to the Appellant/OP, the dealer of motor vehicles, for an amount of Rs. 4,72,095/- in five instalments against a consideration of Rs. 9,72,900/- for one Silver coloured Scala RX Diesel Car, intended to be purchased by him.

The paid amount of Rs. 4,72,095/- involved both cash and cheque payments of Rs. 2,97,095/- and 1,75,000/- respectively with the cheque amount yet to be encashed. The Appellant/OP, in spite of being paid almost half of the full consideration of the subject vehicle, failed to supply the vehicle within the promised deadline and could not ensure supply afterwards even on repeated persuasion.

Considering above activities to be serious deficiencies on the part of the Appellant/OP, the Respondent/Complainant filed the instant complaint.

Heard both sides through their respective Ld. Advocates.

Ld. Advocate appearing on behalf of the Appellant/OP submitted that the Respondent/OP, being a partnership company, intended to purchase vehicle for his business. In the light of the above, the issue, since related to commercial activity, was beyond the authority of the Ld. District Forum to adjudicate.

Ld. Advocate continued that the order was passed by the Ld. District Forum without taking evidence from the contending parties. Due to non-observance of the procedural formalities by the Ld. District Forum, as contended, the judgment and order was passed without the merit of the case being carefully examined and the judicial mind being properly applied.

As submitted, the Respondent/Complainant, in fact, had paid an amount of Rs. 2,97,000/- only. The amount of Rs. 1,75,000/- which was paid by him in cheque was not encashed. Astonishingly enough, the Respondent/Complainant demanded the vehicle to be delivered to him without the full consideration of the vehicle being paid.

As he continued to submit, the delivery of the vehicle in right time would not have been possible to be ensured even if the full consideration was paid due to non-receipt of required “no objection” towards delivery of the vehicle from the Police authority. From above, as he continued, no deficiency in rendering service on the part of the Appellant/OP, as alleged in the complaint, came apparent.

The Ld. Advocate with his above submission prayed for the Appeal to be allowed setting aside the impugned judgment and order.

The Ld. Advocate appearing on behalf of the Respondent/Complainant, per contra, submitted that the Appellant/OP did not encash the cheque. As submitted further, his financier was ready to pay the balance amount but the Appellant/OP refused to respond positive towards delivery of the vehicle. As contended, the NOC towards delivery of the vehicle by the Police was not issued for the fault of the Appellant/OP itself as it failed to procure the sale licence and produce the same to by the said authority on demand.

The Ld. Advocate prayed for the Appeal to be dismissed setting aside the impugned judgment and order.

Perused the papers on record and considered submissions of the Ld. Advocates appearing on behalf of both sides.

The subject vehicle did not appear to have been intended for purchase by the Appellant/OP for any business purpose. There was no averment in the complaint to that effect nor was there any corroborative evidence furnished by the Appellant/OP establishing their claim that the vehicle was meant for any commercial purpose. A vehicle purchased by the partners of the company for their personal use like their movements from house to company and viceversa and for other movements should not be treated as an use for commercial purpose unless it is proved otherwise by contrary evidence.

Admittedly by both the parties, the Ld. District Forum passed the impugned judgment and order without obtaining evidence. Without being much critical about passing an order which has prima facie been vitiated due to non-observance of the legal formalities envisaged under the Act, we, with a view to be in conformity with the spirit of the Act for quick delivery of justice to the Consumer, intend to dispose of the case on merit offering contesting sides due opportunities of being heard.

We failed to understand as to why the Respondent/Complainant pressed so much for the delivery of a car, the full consideration of which was not paid by him. It did not need so many words to elaborate that delivery of any purchased article could be made only when the consideration of the said article was fully paid save and except the circumstances where there was any agreement for payment of the consideration through instalments. The record appears to be silent about any such agreement. In view of the above, we did not find any lapse on the part of the Appellant/OP for not delivering the car to the Respondent/Complainant, rather we observe that the Respondent/Complainant had stuck to his unlawful demand of the vehicle to be delivered to him by the Appellant/OP without the consideration in full being paid. Be it mentioned that one cannot ask any benefit and of his own shortcomings. The com

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plaint, therefore, did not have any merit for imposing cost and penalty upon the Appellant/OP. The Appellant/OP, however, should refund the amount of Rs. 2,97,095/- only. Hence, Ordered that the Appeal be and the same stands allowed in part on contest. The Appellant/OP is hereby directed to refund the amount of Rs. 2,97,095/- only to the Respondent/Complainant within 45 days from the date of the instant order, failing which, simple interest @ 9% p.a. shall accrue to the said amount from the date of default till the entire amount is fully realized. We do not pass any order towards payment of cost and compensation. The impugned judgment and order stands modified accordingly.
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