Stating that a consumer forum had “gravely erred” in dismissing a complaint, the Telangana State Consumer Disputes Redressal Commission observed that there was collusion between financiers and sellers of an autorickshaw and gave the buyer, an autorickshaw driver, relief and ordered compensation of ₹ 1 lakh be paid to him.
The Commission was dealing with an appeal filed by Md. Zaheeruddin. The opposite parties (OP) were Md. Ahamed (OP1), an auto consultant, businessmen Ashok Kumar Mishra (OP2) and Sudheer Kumar Mishra (OP3), the manager of Aradhyee, a financier (OP4), and Mohd Lateef (OP5).
Prior to approaching the Commission, the complaint was filed at the District Consumer Disputes Redressal Forum – III, Hyderabad.
The appellant stated that despite paying an advance of ₹28,000 and subsequent instalments for an used autorickshaw, the vehicle was not transferred in his name. He stated that the ₹28,000 was paid with the help of OP1, and ₹ 1.60 lakh was arranged through OP4. In due course of paying the instalments, the OP4 issued receipts in which OP3 was mentioned as the owner of the autorickshaw. However, documents issued by the Transport Department showed that the owner was OP5.
The OP were absent at the forum and his case was dismissed, the appellant stated. On their part, the OP stated that neither the advance nor instalments were paid.
Taking the evidence and arguments placed on record into consideration, the Commission noted that different documents show different owners of the same vehicle. They also noted that the EMI payment made and the receipts issued as well as the name of the owner is “also at variance”.
“There has been great collusion between Aradhyee Financier, Janata Auto Consultants, Ashok Kumar Mishra and Sudheer Kumar Mishra,” the Commission noted, adding that the pollution control certificate that was produced was not authentic since it was was issued in 2006 and the autorickshaw was registered in 2015.
Stating that the district consumer forum had “miserably failed” to record details, the Commission set its order aside and directed that the autorickshaw be transferred in the name of the appellant. OP1 to OP4 were directed to pay ₹ 1 lakh as compensation within four weeks after which an interest of 9% would be imposed.
