Adv. For the Complainant: - Sri B.C. Pradhan
Adv. For O.P :- Self
Date of filing of the Case :-23.07.2018
Date of Order :-07. 08.2020
JUDGMENT
Sri A.K.Purohit, President
1. The case of the complainant is that, he had purchased a 407 vehicle bearing Regd. No. CG-04-JB-2823 in a auction sale conducted by the O.P. The complainant being the highest bidder the sale was confirmed in his favor and after payment of the bidding amount of Rs. 1,49,424 vide receipt No. 0083502 dated 13.2.17 the possession of the vehicle was delivered to the complainant. The complainant alleges that by the time of delivery of possession of the vehicle the O.P. has not supplied the documents of the vehicle for which he is not able to use the vehicle although he has spent Rs.60850 for repairing of the vehicle. Hence the complaint.
2. The O.P. has contested the case by filing his written version. The O.P. simply denied the complainant’s allegations and submitted that he has written letter to the RTO for transfer of ownership and hence he is not liable for the same..
3. Heard the complainant. Perused the written version and documentary evidence available on record. The purchase of the vehicle in an auction sale conducted by the O.P. has not been disputed. Delivery of possession of the vehicle after receipt of bidding amount has also not been disputed. Now it is to be seen whether the O.P. has supplied all the documents by the time of delivery of possession of the vehicle. In para 11 of his written version the O.P. has submitted that, he has issued letter to the RTO Balangir and RTO Chhattisgarh for transfer of ownership. This admission of the O.P. shows that simply he has written letter to the authority and has not taken any step for supply of RC Book in favor of the complainant by transferring the ownership in the name of the complainant. Without proper document in his name the complainant cannot run the vehicle on road and very purpose of his purchase of the vehicle become infractuous.
4. Under the aforesaid facts and circumstances and under the aforesaid discussion the O.P. is duty bound to supply the RC Book in favor of the complainant and shall take step for transfer of ownership which he has not done in this case and the said act of the O.P. amounts to deficiency in service on the part of the O.P. Hence ordered:-
ORDER
The O.P. is directed to supply the up to date RC Book by transferring the ownership in the name of the complainant within one month from the date of receipt of this order. There shall be no order as to cost.
Order pronounced in the open Forum to-day the 7th day of August’ 2020.
Accordingly the case is disposed of.
Sd/- Sd/-
(S.Rath) (A.K.Purohit)
MEMBER. PRESIDENT
