Smt. ShajithaBeevi.N (Member I):
The complainant has filed this petition u/s.12 of the C.P. Act 1986 for getting a relief from the opposite parties.
2. The complainant’s case as follows:-Shri. Ratheesh Kumar V.R has filed this complaint before this commission with request to compensation amount and another charge. The case of the complainant is as follows:-
3. On 22/01/2020 the complainant has purchased vehicle registration no. Eicher PRO 1080 XPT C CBC vehicle hearing a price of Rs. 13,90,000/-. He has obtained temporary permit for the said vehicle from 23/01/2020 to 22/02/2020. He has filed application before the Pathanamthitta R.T.O to register the vehicle in his favour along with Form No.20. In the Form No.20 opposite party has filed up this the Forum type of vehicle is to be shown as Medium Goods Vehicle instead of that endorsed the opposite party has stated light goods vehicle in the column of type of vehicle that was defective. Due to that defect the RTO, Pathanamthitta has declined to Registrar of the vehicle in the name of complainant. The above endorsement has mistakenly taken by the opposite party. For that purpose I have filed details the sure to RTO by treating the model of vehicle as Medium goods vehicle it is further alleged that the vehicle has hypothecated to ICICI Bank, Kozhencherry and monthly remittance was Rs. 35,570/-. From 22/01/2020 to 26/02/2020 the vehicle was not registered in his favour. It is further stated that due to the delay in registered of the said vehicle in the name of complainant he has sustained huge less from his contract work. And he has calculated the loss for Rs. 70,000/- and remitted Rs. 35,570/- to the ICICI Bank. It is further stated that consequence are occurred due to the negligence of the opposite party by the endorsement in the Form No. 20 document. Hence this complaint.
4. Notices were issued to the opposite parties. Opposite parties has not turned up before the commission. Hence opposite party set ex-parte.
5. Complainant has filed proof affidavit in support of his claim. And produce documents in evidence that is marked as Ext. A1 to A6 verified document in details. Considering the contentions of this part and verification of documents in evidence produced by the complainant this Forum raised the following issues for consideration.
1. Whether there is any negligence on the part of the opposite
parties.
2. Whether the complaint isto allowed or not.
3. Cost and compensation.
6. Issues No. 1 to 3:-At the time of taking delivery of the vehicle from the opposite party. The opposite party has wrongly endorsed the type of vehicle in this Form No.20. Due to that referred the RTO has refused the register in favour of the complainant. It shows that opposite party has taken a negligent view for the endorsement of the vehicle. Regarding these aspect we are of the opinion that the opposite party has taken irresponsible way of attitude to issue the required documents with proper endorsement. In this respect it is to be noticed that the opposite party has not shown any earnest effort to state the reason, even though the commission has send notice. This shows the irresponsible attitude of the opposite parties in their business. Due to the defects of the endorsed in form no. 20 department has not taken any steps to register in favour of the complainant. Due to that these aspect complainant has sustained heavy loss from the contractors.
7. Unfair trade practice of the opposite parties is to be answerable to the complainant. It is alleged that complainant sustained loss of Rs.70,000/- on over already of the entire facts and circumstances of this case we are of the strong view that complaint is to allowed.
8. In the result for the gross negligence, dereliction in duty irresponsibly handling the records the opposite party has to pay Rs. 70,000/- (Rupees Seventy Thousand only) demand by the complainant. Since there is negligence on the part of the opposite parties we directing the opposite parties to pay a sum of 70,000/- (Rupees Seventy Thousand only) to the complainant and a sum o Rs.10,000/- (Rupees Ten Thousand only) for the mental agony in convenience, physical strain of the complainant and a cost of Rs. 2,000/- (Rupees Two Thousand only) for their proceedings. We hereby direct the opposite parties to pay said amount within one month from the date of receipt of this order failing which the complainant is free to proceeded against by resort R.R Proceeding or any other proper steps.
Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 30thday of November, 2020.
(Sd/-)
Smt. ShajithaBeevi.N
(Member I)
Sri. George Baby (President) :(Sd/-)
Sri.NishadThankappan (Member II) :(Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1: Retheesh Kumar.
Exhibits marked on the side of the complainant:
A1: copy of temporary certificate of registration.
A2: copy of tax invoice dated: 22/01/2020.
A3: copy of application for Registration of Motor vehicle.
A4: copy of sales certificate dated: 20/01/2020.
A5: copy of letter Dated: 26/02/2020 issued by General Manager, Kuttikkatt
Motors
A6: ICICI Bank repayment schedule.
Witness examined on the side of the opposite parties: Nil.
Exhibits marked on the side of the opposite parties: Nil.
Copy to:- (1) Ratheesh Kumar V.R,
ValiyaparambilThadathil,
Naranganam P.O,Pathanamthitta – 689642.
(2) The General Manager,
Kuttikkattil Motors,
KaniyanThodu, Mukhathala,Kollam – 691577.
(3) The Branch Manager,
Kuttikkattil Motors,Thekkemala P.O,
Kozhencherry, Pathanamthitta.
(4) The Stock File.
