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Thursday, the Nineteenth day of January Two thousand Seventeen   Oral Order : (Per Hon'ble Sri. Patil Vithal Rao, Member).

 

                                                         ***                   The factual matrix of the case are that basing on the Online Advertisement of one, M-Junction Service Ltd., (Auto Junction), the complainant purchased one Mahendra Scorpio LX car bearing registration no. AP 04 P 0009 for a consideration of Rs.5,07,000/- on 10.07.2010 in an auction conducted by the said Agency on behalf of the opposite parties.  The said vehicle was seized by the opposite parties as it's owner, Mr. Kishore Kumar failed to clear the loan of the opposite party no.2 Bank in terms of the Agreement.  After the purchase, the complainant approached RTA, Kadapa to issue No Objection Certificate to enable him to get the vehicle registered on his name from RTA, Medchal.  Meanwhile, on the complaint of Kishore Kumar, alleging theft of the vehicle, the Police seized it on 04.09.2012.  During the course of enquiry the RTA, Kadapa found that the RC of the vehicle was fake and intimated the same immediately to the RTA, Medchal and thereby stopped it's transfer on the name of the complainant.  The complainant filed W.P.no.31461/2010 before the Hon'ble High Court of Andhra Pradesh and obtained an order directing the Police not to seize the vehicle from him.  The Police after due investigation, closed the complaint of Mr. Kishore Kumar on the ground that it was a case of Civil nature but even prior to that Mr.K.Kishore Kumar obtained an order on 25.02.2013 from the Hon'ble High Court of Andhra Pradesh in Criminal Revision Case No.10/2013 and got possession of the vehicle as interim custody.  The specific allegation of the complainant is that the opposite party no.2 Bank forged RC of the vehicle and handedover to him leading to multifarious litigation resulting in lot of harassment, mental agony and financial loss to him and that he also faced an opportunity to go abroad for livelihood and also suffered ill-health.  For these reasons, by attributing deficiency in service on the part of the opposite parties, the complainant sought refund of cost of the vehicle with it's repair charges and interest and also compensation on various counts with costs.

Ex.A7 is the copy of HDFC Bank's letter to RTA and Insurance Co., stating that the agreement entered into with Mr. Kishore Kumar was terminated, dt.22.07.2010.
Ex.A8 is the copy of RTA Kadapa's No Objection Certificate in respect of the vehicle, dt.09.09.2010.  
Ex.A9 is the copy of Bank's letter to Ramgopalpet Police Station informing that they have seized the vehicle from the borrower, Mr. Kishore Kumar, dt.21.06.2010.
Ex.A10 is the copy of Hon'ble A.P. High Courts' order appropriate remedy available to him under the Criminal Procedure Code,  dt.14.07.2010.
Ex.A15 is the copy of Loan on gold ornaments obtained by the complainant's wife from the HDFC Bank, dt.24.12.2012.  
Ex.A16 is the copy of Sale Deed of Property dated 16.03.2011 sold by the complainant and his wife.
Ex.A17 is the copy of Charges for repair of the vehicle, dt.16.07.2010.  
Ex.A18 is the copy of Hospital bills dated 27.03.2013 of Medwin Hospitals.  
Ex.A19 is the copy of DTC Kadapa's letter of 15.12.2010 to the Sub-Inspector of Police, Kadapa.
Ex.A20 is the copy of Hon'ble A.P. High Court's Order of 15.10.2010 not to seize the vehicle from the complainant.
Ex.A21 is the copy of the CID's Final Report stating it was a dispute between Mr. Kishore Kumar and the HDFC Bank who had seized and auctioned the vehicle, dt.07.10.2013.  
Ex.A22 is the copy of Hon'ble A.P. High Court's Order to release the vehicle to Mr. Kishore Kumar on certain conditions, dt.25.02.2013. 
Ex.A23 is the copy of University of M.C.A. Certificate & work permit U.K.   Ex.A24 is the copy of DTC Kadapa reply Letter, dt.18.06.2013.   
Ex.A25 is the copy of RC from Bank.
Ex.A26 is the copy of e-mails to Bank dt.11.08.2010.