Kerala

Trissur

op/04/1345

Biju. M. P - Complainant(s)

Versus

Joint Regional Transport Officer - Opp.Party(s)

A. D. Benny

24 Oct 2009

ORDER


CONSUMER DISPUTES REDRESSAL FORUM
Ayyanthole , Thrissur
Execution Application(EA) No. op/04/1345

Biju. M. P
...........Appellant(s)

Vs.

Joint Regional Transport Officer
Kerala State
...........Respondent(s)


BEFORE:
1. Padmini Sudheesh 2. Rajani P.S. 3. Sasidharan M.S

Complainant(s)/Appellant(s):
1. Biju. M. P

OppositeParty/Respondent(s):
1. Joint Regional Transport Officer 2. Kerala State

OppositeParty/Respondent(s):
1. A. D. Benny

OppositeParty/Respondent(s):
1. Jaison. T. Paul and K. K. Prem Kishor 2. Jaison. T. Paul



ORDER

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By Smt. Padmini Sudheesh, President
            The case of complainant is that the complainant is a driving licence holder numbered T1/7079/96. The said licence was in the paper form and changed to book form on 29/12/01. As per the paper licence the complainant was authorized to drive motor cycle, Auto rickshaw, light motor vehicles with badge. But when the licence is changed to book form there was no entry for light motor vehicle. So the complainant put a petition to the first respondent along with book form licence and copy of paper licence. But the entry of light motor vehicle is not made in the licence. Since there is absence of entry of light motor vehicle in the licence the complainant was unable to obtain insurance amount by a motor accident occurred on 2003 December 27. In order to repair vehicle due to the accident Rs.30,000/- was incurred and Rs.65,000/- loss was happened due to the death of hens. A loss of Rs.50,000/- was occurred for the non use of vehicle, because of non entry of light motor vehicle. So lawyer notice was issued. But no remedy so far. Hence this complaint.
 
            2. The counter of respondents is that the driving licence No.T1/7079/96 is valid from 18/12/1996 to 17/12/2016 in respect of non transport vehicles and from 18/12/96 to 17/12/99 in respect of transport vehicles has been issued to the complainant authorizing him to drive motor cycle and three wheelers with badge. This licence was issued to the complainant after conducting driving tests in motor cycle and three wheelers and it was issued in paper form for want of the printed driving licence in book form. The complainant did not apply for the renewal of his licence to drive transport vehicles in time. After two years of its expiry he applied for the renewal of licence and issuance of the driving licence in book form. Accordingly the licence was renewed for a further period of 3 years    from 21/12/01 to 21/12/04 in book form. At that time the complainant did not raise any claim or objection that he was entitled to be authorized to drive light motor vehicles. After expiry of more than two years from the issue of driving licence in book form the complainant submitted application on 8/1/04 claiming that he had been authorized to drive light motor vehicles. There was no enclosure to this application as claimed by him in the petition under reference. The complainant is not authorized to drive light motor vehicles according to the records maintained in their office.   Hence dismiss the complaint.
 
            3. The points for consideration are:
1)Is there any deficiency in service on the part of respondents?
2)If so reliefs and costs?
 
            4. The evidence consists of Exhibits P1 to P4 and Exhibits R1 to R3. No oral evidence adduced by both.
 
            5. Points: The case of complainant in brief is that he was authorized to drive light motor vehicles at the time of holding paper licence and when it was changed to book form it was not entered in the new licence. So this complaint is filed to get enclosure of the licence in the book form.
 
            6. In the counter respondents stated that the complainant is not authorized to drive light motor vehicles according to the records maintained in this office and there was no such entry in the paper form licence and so he is not entitled to get enter it in the book form licence. 
 
            7. According to the complainant in the paper form licence he has authorization to drive light motor vehicles. The complainant produced copy of paper form licence and is marked as Exhibit P1. On going through Exhibit P1, it can be seen that the complainant is licenced to drive through out India motor cycle below 50 CC, motor cycle with gear. The authority to drive invalid carriage and light motor vehicles are strike of. There is also endorsement of authorization to drive transport vehicles valid for Auto rickshaw only. There is no enclosure at all to drive light motor vehicles in Exhibit P1. As argued by the counsel for respondents the complainant failed to produce the original of Exhibit P1 and did not disclose where the original is. The definite case of complainant is that as per Exhibit P1 he is authorized to drive light motor vehicles. But as per that document he is not entitled to drive light motor vehicles. Since Exhibit P1 is the copy of paper form licence some wordings are not legible. The complainant who is strictly relied upon this document to prove his case ought to have filed the original of this document.
 
            8. In the counter respondents stated that the complainant is not authorized to drive light motor vehicles according to the records maintained in their office. They have produced Exhibit R3 details and it also shows that the complainant was not authorized to drive light motor vehicles at the time of issuance of Exhibit P1 licence. From the records it can be seen that there was no enclosure of authorization to drive light motor vehicles in Exhibit P1.
 
            9. Exhibit P2 is the copy of book form licence and shows that it was issued on 29/12/2001. Exhibit P3 is the copy of letter given by the complainant to Additional Licensing Authority at Irinjalakuda requesting to enter Light Motor Vehicle in book form licence and this letter is dated 8/1/2004. As stated by the respondents there are more than two years were lapsed from the date of issuance of Exhibit P2 licence. In the counter it is stated that the complainant is not authorized to drive light motor vehicle according to the records maintained in their office. They have produced Exhibit R3 details. Still the complainant did not take any steps to call for the records maintained by them. He did not even produced original of paper form licence. So according to us he is not entitled for the relief of adding light motor vehicle in his book form licence.
 
            10.In the complaint it is stated that there was loss of Rs.1,45,000/- on various headings. But there is no evidence brought by the complainant to substantiate this contention. So the complainant is not entitled for these relief also.
 
 
            11. In the result the complaint stands dismissed.
 

            Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 24th day of October 2009.




......................Padmini Sudheesh
......................Rajani P.S.
......................Sasidharan M.S