Decided on January 03,2013

Yoganand Shankar Naik Respondents


N.A.BRITTO,PRESIDENT - (1.)THIS appeal is filed by the O.P. in C.C. No. 55/2007 and it is directed against order dated 30/06/10 of the District Forum, North Goa at Porvorim by which the Lr. District Forum has, inter alia, ordered the vehicle to be returned to the O.P. and the O.P. is ordered to refund to the complainant the sum of Rs. 3.5 lacs with interest at the rate of 12% p.a from 15/12/05.
(2.)THERE is no dispute as to facts. The O.P. had obtained the possession of a vehicle hypothecated to it from one Shri. Madhusudan Dessai who had become a defaulter in repayment of the loan given to him. The complainant offered to purchase the said vehicle namely an Eicher Tempo having registration No. GA -02 -Z -6250 from the O.P. According to the complainant, the complainant gave an offer of Rs. 3.7 lacs and according to the O.P. the vehicle was sold to the complainant for Rs. 3.5 lacs including Rs. 5000/ - as EMD, "as is where is" basis. The complainant signed and delivered to the O.P. a letter dated 15/12/05 at the time of delivery of the vehicle, inter alia, stating that:
"3. All statutory taxes including Motor vehicle tax, state permit, and national permit, Insurance are to be borne by you and as such it does not form part of the sale value. Further the fitness certificate for the above vehicle if applicable has to be arranged by you and it does not form part of the sales price. 4. The registration certificate for the above vehicle has to be obtained by you and hence all expenses incurred for obtaining the same has to be borne by you and as such it does not form part of the sale value. 5. The sale of the vehicle is on "as in where is" condition basis and Cholamandalam does not give any warranty or guarantee as to the condition of the vehicle or its usability. You are advised to satisfy yourself thoroughly before giving the quote. 6. xxx xxx xxx Kindly sign and return a copy of this letter as a token of acceptance of the above terms and conditions."

(3.)THE complainant got the said vehicle towed away and according to him, he repaired the same at the cost of Rs. 80,000/ -.
According to the complainant, he had purchased the said vehicle for a sum of Rs. 3.7 lacs of which Rs. 3.45 lacs were paid by DD while the balance was paid in cash to the Branch Manager Shri. Premanand Kerkar. According to the complainant, the O.P. had assured that it would render all assistance to the complainant and would ensure that the vehicle was transferred to the complainant's name. The complainant thereafter sent a legal notice to the O.P. on or about February 2006 and then approached the conciliation committee and as the dispute raised by the complainant could not be conciliated, the complainant filed the complaint on or about 21/06/07.


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