Tamil Nadu

South Chennai

327/2011

H.Parameswari - Complainant(s)

Versus

Brilliant Motor Agency - Opp.Party(s)

M/s.V.Gopi

24 Jul 2015

ORDER

                                                                                     Date of Complaint  : 08.09.2011

                                                                                     Date of Order        :24.07.2015

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT :    THIRU. B. RAMALINGAM, M.A.M.L.,        :       PRESIDENT                     

                      TMT.K. AMALA, M.A. L.L.B.,                       :        MEMBER II

 

C.C.No. 327 / 2011

THIS  FRIDAY  THE 24^TH   DAY OF JULY  2015

 

H. Parameswari,

W/o. Harikrishnan,

Old No.20/2, New No.14,

Mosque Street,

Mylapore,

Chennai – 04.                                                  .. Complainant.

 

- Vs- The Manager, Brilliant Motor Agency, No.84/1, R.K. Mutt Road, Mandaveli, Chennai 600 028.                                           ..Opposite party.		.. Opposite party.

For the complainant                           :   M/s. V. Gopi & another

For the opposite party               :   Exparte

 

       Complaint under section 12 of the Consumer Protection Act, 1986 for a direction to the opposite party  to return the certificate of registration book bearing No.TN06D5910, and also to pay a sum of Rs.1,00,000/- towards the damages for the mental agony with cost of the proceedings to the complainant.

ORDER

THIRU. B. RAMALINGAM, PRESIDENT  

1.     Even after receipt of the notice, the opposite party did not file written version. Hence, the opposite party was set exparte on  26.6.2012.  The complainant filed proof affidavit.  Exhibits A1 to A9 were marked on the side of the complainant,  Written arguments of complainant  also filed.

2.     Perused the complaint, proof affidavit filed by the complainant and Ex.A1 to Ex.A9 and also considered the submission made by the counsel for the complainant.  The complainant case is that the complainant has approached the complaint mentioned two wheeler from the opposite party on 1.6.2011 and taken delivery of the vehicle.  The complainant has stated that while taking delivery of the vehicle he was told by the opposite party that the registration number of the vehicle is TN 06 D 5810.  Accordingly the number board for the said vehicle was fixed by the complainant for the said number.  Whereas when the complainant’s husband received the original R.C. book for the said vehicle from the opposite party in the 2^nd week of July 2011 he brought it to her home  the registration number  in the said R.C. book is mentioned as TN06 D 5910  which was different  number   was found out by the complainant.  Again the complainant has approached the opposite party on 19.7.2011 and handed over the said original R.C. book  with letter Ex.A6 dated 19.7.2011 to the opposite party for the change of R.c. number of the vehicle  the complainant has been  informed earlier i.e. TN 06 D 5810 instead of the R.C. book mentioned No.TN 06 D 5910.  Though the opposite party has received the same they have not returned the R.C. book after rectification of the said number but given reply dated 23.7.2011 stating the denial of the previous  information given by them with regard to the said R.C. number of the vehicle and stated that they are not responsible for the change of issuance of R.c. book and rectification of R.C. number there on and to approach the concerned authority for the same.   As such the complaint mentioned grievance of the opposite party and prayer asked for in the complaint is for return of the original R.c. book and seeking compensation as against the opposite party. 

3.     However the complainant has not proved that the opposite party has given a wrong registration number of the complaint mentioned vehicle i.e. TN-06-D-5810 at the time of taking delivery of the vehicle to the complainant by producing supporting document for the said allegation.  Since this has been denied by the opposite party it is burden on the complainant to prove that the opposite party at the time of giving delivery of the vehicle has given the registration number of the said vehicle as TN-06-D-5810.  Therefore the complainant is not entitled for compensation sought for in the complaint for this ground. 

4.     However  it is not disputed that as per the original R.C. book the registration number of the complaint mentioned vehicle is TN-06-D-5910.  Therefore it has to be taken that this is the correct registeration number of the said vehicle as contented by the opposite party raising grievance over the said R.C. number mentioned in the registration certificate and seeking change of the said R.C. number as TN-06-D-5810 by the complainant cannot be possible under rule of Transport Act.  Even if the complainant wants to change of R.C number the complainant should have approached the transport authority which has given the certificate.  

5.     Instead of taking such steps the act of the complainant that approaching the opposite party for change of the registration number in registration certificate and giving letter to the opposite party dated 19.7.2011 Ex.A7 is not proper.   Therefore as contented  by the opposite party under Ex.A7 dated 23.7.2011 they are not authority for the change of registration number of the vehicle as such the demand made by the complainant to the opposite party cannot be complied by them is acceptable.

6.     However the complainant further grievance is along with letter Ex.A6 the complainant has given the original registration certificate to the opposite party but the opposite party has not returned the same to the complainant.   As such in the complaint the complainant his seeking return of the said original registration certificate to the complainant.  The said contention of the complainant that they have handed over the original registration certificate along with letter Ex.A6 is acceptable when going through the said document.   Particularly in which it  contains it is mentioned that the original registration certificate is already with their custody and further it is also mentioned as encloser in the said letter “as mentioned above”.  Though the opposite party have given reply for the said letter Ex.A7 dated 23.7.2011 in the said reply letter they have not mentioned about the return of the original R.C. book to the complainant.  Therefore the original R.C. book as stated by the complainant has been handed over to the opposite party as mentioned in letter Ex.A6 is acceptable.  Since the reply letter given by the opposite party is not mentioned above the said R.C. book, we can very well come to the conclusion that the said R.C. book is with the opposite party.  Whereas in this proceeding though the notice was received by the opposite party neither appeared in person nor through counsel and not filed any written version and not contested the case.  As such the opposite party remain exparte in this proceedings.   As such there is no contra  evidence on the side of the opposite party. 

7.     Therefore the opposite party is liable to return the original R.C. book of the complaint mentioned vehicle to the complainant or to pay a sum of Rs.5,000/-   towards the expense of getting duplicate copy of R.C. book of the vehicle by the complainant herself by approaching to the concerned authority and also to pay a sum of Rs.2500/-  as cost of the litigation to the complainant

In the result the complaint is party allowed.  The  opposite party is  directed to return the original R.C. book of the complaint mentioned vehicle to the complainant or to pay a sum of Rs.5,000/- (Rupees Five thousand only)  towards the expense of getting duplicate copy of R.C. book of the vehicle by the complainant herself by approaching to the concerned authority and also to pay a sum of Rs.2500/- (Rupees two thousand and five hundred only)  as cost of the litigation to the complainant within six  weeks  from the date of receipt of  this order, failing which the above said amount shall carry interest at the rate of 9% per annum from the date of order  till the date of realization. 

      Dictated to the Assistant  transcribed and typed by her corrected and pronounced by us on this the 24^th    day of  July  2015.

 

MEMBER-II                                                                                                   PRESIDENT.

Complainant’s side documents :

Ex.A1- 1.6.2011    - Copy of Invoice of TVS Scooty issued by the opposite party.

Ex.A2- 1.6.2011    - Copy of receipt for Rs.376/- issued by the opposite party.

Ex.A3- 1.6.2011    - Copy of receipt for Rs.29,900/ issued by the

                             Opposite party.

 

Ex.A4- 1.6.2011    - Copy of receipt for Rs.15,000/ issued by the opposite party.

 

Ex.A5- July ‘2011  - Copy of certification of registration book TN-06-D-5910

 

Ex.A6- 19.7.2011 - Copy of complaint letter to the opposite party.

 

Ex.A7- 23.7.2011  - Copy of reply letter from the opposite party.

 

Ex.A8- 9.8.2011    - Copy of legal notice to the opposite party.

 

Ex.A9- 10.8.2011  - Copy of Ack. Card from the opposite party.

 

 

Opposite party’s  side documents : -    Nil  (exparte)

 

MEMBER-II                                                                                                         PRESIDENT.