BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 28th day of December, 2009

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.97/2009

Between

Complainant : Shajahan,

Kochukonickal House,

Prakash P.O,

Idukki District.

(By Adv: Biju Vasudevan)

And

Opposite Parties : 1. The Manager,

Surya Financiers,

Asoka Junction,

Kattappana P.O,

Idukki District.

2. The Manager,

Auto Leese & Hire Puchasers,

Muvattupuzha P.O,

Muvattupuzha,

Ernakulam District.

O R D E R

SRI.LAIJU RAMAKRISHNAN(PRESIDENT)
 

Complainant purchased a jeep bearing Registration No.KL-H 4933 from one Francis Cherukarakkunnel, Mathaippara which was having hire purchase loan from the 2^nd opposite party. The loan was arranged through the 1^st opposite party. After the transaction, complainant was paying the loan instalments in the 1^st opposite party's office and the 1^st opposite party was paying the same in the 2^nd opposite party's office. Receipts were also issuing from 2^nd opposite party, through 1^st opposite party. The R.C. Book, one cheque leaf of the complainant from Udayagiri Service Co-operative Bank, one stamped paper worth Rs.50/- were given as security to the 1^st opposite party at the time of purchase of the vehicle. The complainant paid 20 instalments out of 24 instalments. The tax period of the vehicle was expired on 3.3.2007. So the complainant approached the 1^st opposite party on 1.3.2007 and entrusted Rs.4,320/- for the payment of road tax. But the opposite party was not ready to pay the road tax because there was an overdue in the loan. The complainant is not able to ply the vehicle due to non-payment of the road tax. Hence the petition is filed for getting the R.C. Book and other documents given by the complainant.
 

2. The 2nd opposite party filed a written version stating that there was no money transaction between the complainant and the 2^nd opposite party. In the year 2004 one Mr.C.D.Francis, availed a hire purchase loan for a jeep bearing Registration No.KL-H 4933 from the 2^nd opposite party as HP No.1542/2004. The said loan became default. So the 2^nd opposite party filed criminal case under section 138 of the Negotiable Instrument Act before the Judicial 1^st Class Magistrate Court Muvattupuzha as ST 1664/09 against the said Francis. The said Francis transferred the vehicle illegally, even though the vehicle was not transferable because the loan was pending.  The 1^st opposite party never worked as an agent of the 2nd opposite party in the transaction of the complainant. The said C.D.Francis paid a loan instalment to the 2nd opposite party and the receipt for the same was given.
 

3. The point for consideration is whether there was any deficiency in service on the part of the opposite parties, and if so, for what relief the complainant is entitled to?
 

4. Evidence consists of the oral testimony of the PW1 and Exts. P1 to P5 marked on the side of the complainant. The first opposite party called exparte. 2^nd opposite party filed written version and was absent at the time of evidence.
 

5. The POINT :- Complainant purchased a jeep from one C.D.Francis, which was having hire purchase loan from the 2^nd opposite party through 1^st opposite party. The said loan became default. But the 1^st opposite party never issued the R.C Book for paying tax of the vehicle. Complainant was examined as PW1. The agreement created between the complainant and the opposite parties is marked as Ext. P1. Complainant paid the loan instalments, 13 number of receipts for the payment are marked as Ext. P2(series). The copy of the R.C. Book is Ext. P4. The 2^nd opposite party filed a written version and contended that they are not having any business transaction between the complainant and the opposite parties. One Mr. Francis C.D availed hire purchase loan from the ^2nd opposite party and the receipts for the payment of the instalments were given to the said Francis. But the 2^nd opposite party admitted that the vehicle bearing Reg. No. KL- H 4933 is having hire purchase loan from the 2^nd opposite party. The 2nd opposite party in written version admitted that the hire purchase loan No. HP 1542/04 was for the jeep KL-H 4933 which is of one C.D.Francis. The said loan is in default. So the 2^nd opposite party filed criminal case against the said Francis under section 138 of Negotiable Instrument Act. So the disputed vehicle is having hire purchase loan. But the owner of the vehicle is different as per the 2^nd opposite party. But as per the complainant the vehicle is purchased from the said Francis by an agreement. Ext.P1 is the copy of the agreement for the purchase. But as per Ext.P1 agreement, the owner of the vehicle is one A.Y. Thankachan, Anikkamundayil, Kattappana. There is no agreement produced by the complainant to show that the said A.Y. Thankachan purchased the same from the said Francis. So it is not proved without suspicion that the complainant is the owner of the vehicle. Anyway, it is the duty of the opposite parties to issue the R.C. Book of the vehicle to the R.C. Owner of the vehicle for paying the road tax of the vehicle. The complainant is not able to ply the vehicle because of non-payment of road tax. It is a gross unfair trade practice. But the complainant never produced any document to show that they have entrusted an amount of Rs.4,320/- to the opposite party for paying the tax of the vehicle. But it is not challenged by the opposite parties. The R.C. Book is kept with the 1^st opposite party as per the complainant. Hence we think it is fit to order to return the R.C. Book of the vehicle to the R.C.owner of the vehicle for paying the road tax of the vehicle and return the amount paid by the complainant.
 

Hence the petition allowed. The 1^st opposite party is directed to give the R.C. Book of the vehicle No.KL-H 4933 to the Registered Owner of the vehicle or any other authorised person of the R.C. Owner for payment of road tax of the vehicle. The 1^st opposite party is also directed to give back Rs.4,320/- to the complainant, which is entrusted to the 1^st opposite party for payment of tax. 1^st and 2^nd opposite parties are also directed to pay Rs.2,000/- as cost of this petition within one month of receipt of a copy of this order, failing which the amount shall carry 12% interest per annum from the date of default.

Pronounced in the Open Forum on this the 28^th day of December, 2009
 

Sd/-

SRI.LAIJU RAMAKRISHNAN(PRESIDENT)

Sd/-

I agree SMT.SHEELA JACOB(MEMBER)

Sd/-

I agree SMT.BINDU SOMAN(MEMBER)

APPENDIX

Depositions :

On the side of Complainant :

PW1 - Shajahan S/o Sethumuhammed

On the side of Opposite Parties :

Nil

Exhibits:

On the side of Complainant:

Ext.P1 - Carbon copy of agreement dated 5.08.2004 between the complainant and Mr.A.J.Thankachan, Anickamundayil, Kattappana P.O

Ext.P2(series) - Photocopy of Receipts(13 Nos)

Ext.P3 - Photocopy of Repayment Schedule

Ext.P4 - Photocopy of RC Book

Ext.P5 - Affidavit filed by the advocate of the complainant dated 7.10.2009

On the side of Opposite Parties :

Nil