OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANGUL
PRESENT:- SRI DURGA CHARAN MISHRA.
PRESIDENT
A N D
Mrs. S.MALLICK & Sri K.K.Mohanty,
MEMBER .
Consumer Complaint No. 55 of 2016
Date of Filling : - 29.09.2016.
Date of Order :- 17.01.2017.
Babuli Naik,S/O.Pabitra Naik,
At-College Pada,P.O/P.S/Dist.Angul.
_________________________Complainant.
Vrs.
01.Branch Manager-cum-Authorised Signatory,
TATA Motors Finance,At-Angul Town,Kamala
Bhawan,Ground Floor,N.H-55 P.O/P.S/Dist.Angul.
02. Regional Transport Officer,Angul,
At-Panchamahalla,Angul.
_________________________ Opp. parties.
For the complainant :- Sri L.Tripathy & associates(Advs.)
For the opp.party No.1 :- Sri M.K.Panda & associates(Advs.)
For the opp.party No.2 :- Self.
: J U D G E M E N T :
Sri D. C. Mishra, President.
Learned counsel for both the parties are present. The opp.party No.2 has already filed written version but opp.party No.1 has not filed written version. This case was filed on 29.9.2016 but today written version not filed by opp.party No.1.So, though time petition filed but opp.party No.1 is not allowed to file written version in future. Heard both sides on the C.C.Case .Perused the record.
2. The complainant’s counsel has filed this case to direct opp.party No.2 to register Tata Indigo Car bearing chassis No. MAT 607146CWC 24068 and engine No. 4751DT14CXYP23095 in his favour immediately and to further direct both the opp.parties to pay compensation of Rs. 25,000.00 and Rs. 5,000.00 towards cost of litigation to the complainant. Today the learned counsel for the complainant has filed a memo to direct the opp.party No.1 to issue NOC of the aforesaid vehicle in his favour and to direct opp.aprty No.2 to register the above vehicle by receiving the NOC issued by opp.aprty No.1 in favour of complainant. The counsel for opp.party No.1 has received the copy without objection. In respect of opp.party No.2, he has already filed written version stating that any application accompanied with receipts showing payment of tax and other fees is not pending before him. So non-service of copy of memo on opp.party No.2 filed today is not fatal as because any relief against him (opp.party No.2) is not claimed in the memo
3. On perusal of record it is seen that the complainant has not filed any documentary evidence to justify that though his application duly made is pending but opp.party No.2 refused to register the vehicle in his favour.Further the letter dated 09.06.2016 issued by opp.party No.1(vide annexure-1) reveals that the complainant Babuli Naik has paid his full and final settlement amount in respect of loan No. 5000995008
4. In the above premises this forum is of opinion that directing opp.party No.1 to issue NOC in proper form immediately and to direct opp.party No.2 to register the vehicle in favour of the complainant if any due application is made along with required receipts showing payment of Tax and fees will be just and proper .
5. Hence ordered:-
: O R D E R :
The C.C.Case No.55 of 2016 is disposed off on context against the opp.parties but in the circumstances without any cost or compensation. Opp.party No.1 is directed to issue NOC in respect of the above said loan and vehicles to the complainant in proper form within 10(Ten) days of receipt of this order. If any application is duly made accompanied with receipts showing payment of Tax and other required fess, then opp.party No2 shall dispose off the matter within 15(Fifteen) days of receipt of his application.
Order delivered in the open forum
today the 17th January,2017 with hand and seal of this Forum.
Typed to my dictation
and corrected by me Sd/-
(Sri D. C. Mishra)
Sd/- President.
(Sri D. C. Mishra)
President .
Sd/-
(Mrs. S. Mallick)
Sd/- Member.
(Sri K.K.Mohanty),
Member.
