Decided on February 24,2009

Kishori Lal Sudesh Kumar Metals Pvt. Ltd. Appellant
M.G.F. (INDIA) LTD. Respondents


J.D.KAPOOR,PRESIDENT (ORAL) - (1.)THE complainant was granted finance by OP No. 1 for purchase of CEILO car. Total cost of the car was Rs. 5,05,060 and the complainant paid a sum of Rs. 76,060 as margin money to the OP No. 2 which included charges for registration and insurance of the vehicle. On receipt of the remaining sale consideration from the OP No. 1, the OP No. 2 delivered the car to the complainant on 38.3.1997 with registration number written on the number plate as HR -51 -A -9782. The only two documents handed over to the complainant were an Invoice No. 040110701 and a warranty and Service Book No. 23994. The invoice was surprisingly dated 31.12.1996. The warranty book contained particulars which were over -written and even the number was entered by hand on the first warranty card and the page on that car appears to be a photocopy format.
(2.)THERE was no defect either mechanically or otherwise in the car and the chassis number, engine number, key number, etc. tallied with those written on the Warranty, Service Book and the Invoice. The OP No. 2 intimated the complainant that the documents issued by the Transport Authority will be furnished to him through the OP No. 1, the Finance Company. The OP No. 1 contended that the registration book shall be kept in its custody till the payment of the last instalment of hire charges is made by the complainant.
(3.)THE complainant kept on paying the monthly instalments to the OP No. 1 till such time it came to the notice of the complainant that the OPs have not given the correct documents pertaining to the car for the purpose of registration and insurance.
The said car met with an accident on 9.1.1998 and was badly damaged. The information of the said accident was immediately given to the Insurer namely M/s. National Insurance Company, Faridabad and the said car was got repaired at M/s. Continental Auto Service, Mathura Road, New Delhi. The total cost of the said repairs came to the tune of Rs. 1,55,129 which was paid by the complainant and necessary claim was lodged with the Insurance Company for the reimbursement of the expenditure incurred on the said repairs.

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