KOCHI: In a curious turn of events, the city police which registered a First Information Report (FIR) against the company dealer in the case related to the alleged fraudulent sale of 33 BMW cars in the state have arraigned the businessman who had filed the original complaint as an accused.
The FIR, a copy of which has been accessed by the ‘Express’ reveals that the BMW dealer,
Platino Classic Motors India (P) Ltd, Maradu, has been named the first accused in the case while G Venkitesh Prabhu, who purchased a car from the company, the second accused.
The accused have been slapped with charges under various sections of the IPC, including 406 (Criminal Breach of trust), 409 (Criminal breach of trust by public servant, or by banker, merchant or agent), 417 ( cheating), 420 ( Cheating and dishonestly inducing delivery of property), 465 ( forgery) and 468 (Forgery for purpose of cheating).
The FIR states that the accused had cheated the state government and the public by raking in unscrupulous profit from the sale of 33 luxury cars by forging the year of manufacture and model.
The Motor Vehicles Department (MVD) has found that the 33 BMW cars sold here were registered after forging the month and year of the manufacture. The Transport Commissioner directed registering of an FIR following the probe conducted by the Deputy Transport Commissioner, Central Zone-II.
The letter sent by Ernakulam Regional Transport Office (RTO) stated that the inquiry has revealed certain facts that confirm forgery and fraud in the case, and hence, the case doesn’t fall under the purview of the Motor Vehicle Act and Rules. Later, the RTO also forwarded the complaint filed by Venkitesh to the police for further enquiry and to initiate appropriate action against the Platino Classic Motors India Ltd under the IPC. The complainant, Prabhu, had alleged that the dealer had deliberately sold a 2011 model car to him at 2012 prices.
The State Police Chief K S Balasubrahmanian told ‘Express’ that a plaintiff being made a defendant is a rare exception. “It has not come to my notice till now. I will study the case file. But such cases will be dealt with at most seriousness,” he said.
The Kerala HC recently stayed the operation and execution of an order passed by Transport Commissioner, directing to suspend the trade certificate of Platino Classic Motors for one month.
The Transport Commissioner had passed the order based on the inquiry report by Deputy Transport Commissioner. Justice A Muhamed Mustaque also issued a notice to Transport Commissioner and the state government.
The order was passed on the petition filed by P P Ashique, Managing Director, Platino Classic Motors challenging the order. According to the petitioner, it sold a BMW car to the G Venkitesh Prabhu of Kochi, which was repaired free of cost under warranty by the dealer, after complaints were raised.
But the purchaser, who claimed that the year of manufacture was misrepresented, refused to take back the car.