By: Smt. R.K.Madanavally, Member
The complainant's case in brief is that he had purchased a bike from opposite party on 20/12/16. It was purchased with the financial assistance of Bussan Auto Finance India Pvt. Ltd. But up to this date it was not registered. According to the complainant opposite party had received Rs.74000/- towards the value of the vehicle including its Registration charge. Since the registration was not done, he cannot run the vehicle. Several times he approached the opposite parties. The opposite party informed him that they had entrusted the same through the phoenix driving school.
Thereafter the complainant went to phoenix driving school and they informed him that , since three months were over, the complainant shall produce police clearance certificate and stamp paper for Rs.100/- (Hundred only). Then he went to the police station and submitted the application. So far the clearance certificate is not received. The opposite party did not take any steps to register the vehicle. Hence he filed this complaint.
Opposite party set exparte. The complainant filed chief affidavit and Ext. A1to A4 are marked. Ext. A1 is the copy of the temporary registration , Ext. A2 is the copy of the policy , Ext. A3 is the bill dated 15/12/16 and Ext. A4 is the payment receipt dated 18/4/17.
Heard the complainant and perused the records. It is pertinent to note that the vehicle was purchased on 20/12/16. Up to this date the opposite party did not take any steps to register the vehicle. No explanation is submitted by opposite party or no contra evidence were adduced. Hence the case of the complainant has been proved . By not taking steps to register the vehicle even after receipt of the amount from the complainant, the opposite party has committed gross deficiency in their service.
Hence in the interest of justice we order that the opposite party shall register the vehicle belonged to the complainant, within 10 days of the receipt of the copy of this order. The opposite party shall further pay Rs.15000/- (Fifteen thousand rupees only) as compensation for the deficiency of service committed by them, Rs.5000/- (Five thousand rupees only) as compensation for mental agony and hardships suffered by the complainant and Rs.2500/- (Two thousand five hundred only) as cost of this proceedings failing which the complainant is entitled to get 12% interest upon the above amount from the date of receipt of the copy of this order till realization.
Dated this 30th day of June, 2017.
A.A.VIJAYAN, PRESIDENT
R.K.MADANAVALLY , MEMBER
MINI MATHEW, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A4
Ext.A1 : Copy of the temporary registration.
Ext.A2 : Copy of the policy.
Ext A3 : Bill dated 15/12/16.
Ext A4 : Payment receipt dated 18/4/17.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
A.A.VIJAYAN, PRESIDENT
R.K.MADANAVALLY , MEMBER
MINI MATHEW, MEMBER
