Tamil Nadu

South Chennai

CC/281/2018

Mr. S Kumar - Complainant(s)

Versus

M/s Escorts Ltd Rep by MD - Opp.Party(s)

M/s G Karthikeyan

22 Nov 2019

ORDER

                                                                                 Date of filing  : 09.07.2018

                                                                                   Date of Order : 22.11.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.281/2018

DATED THIS FRIDAY THE 22^ND DAY OF NOVEMBER 2019

                                 

S. Kumar,

S/o. Mr. Sundaram,

No.16, Meenakshi Amman Koil Street,

Thuvarankurichi,

Marungapuri Taluk,

Tiruchirappalli District – 621 314.                                    .. Complainant.                                                   

..Versus..

 

1. The Managing Director,

Escorts Limited,

Office No.IV, “Jains Antaricsa”,

Building No.7, First Floor,

Ashok Nagar Main Road,

Kodambakkam,

Chennai – 600 024.

 

2. The Manager,

Escorts Limited,

Office No.IV, “Jains Antaricsa”,

Building No.7, First Floor,

Ashok Nagar Main Road,

Kodambakkam,

Chennai – 600 024.                                                 ..  Opposite parties.

 

Counsel for the complainant :  M/s. G. Karthikeyan & others

Opposite parties 1 & 2          :  Exparte

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainants against the opposite parties 1 & 2 under section 12 of the Consumer Protection Act, 1986 prays to give the Original R.C. Book for the vehicle bearing Registration No.TN-73-X-7672, to repay the sum of Rs.7,70,000/- with interest at the rate of 18% p.a. from the date of filing of this complaint to till the date of payment, to pay a sum of Rs.10,65,000/- for the loss incurred by the complainant and to pay a sum of Rs.1,00,000/- towards compensation for damages and mental agony with cost of Rs.10,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he purchased one Escorts Digimax Backhoe Loader bearing Chassis No.610B125920, Engine No.4H3205/1120532 from Escorts Limited on 12.08.2015 and paid a sum of Rs.7,70,000/-.   The complainant submits that while purchasing the vehicle the original R.C. Book was not available with the opposite parties.  On the assurance of the opposite parties that the original R.C. Book will be handed over within 3 months through SREI Equipments Finance Ltd. having its office at No.290, Peters Road, Gopalapuram, Chennai – 600 086.  The complainant submits that the vehicle was also not in a running condition.  The complainant has spent a sum of Rs.2,00,000/- to make the vehicle in a running condition.  The complainant submits that on the assurance of the opposite parties regarding the handing over of the original R.C. Book, the complainant made arrangement to sell the vehicle to one Mr. Swaminathan and sold the vehicle without handing over the R.C. Book for which, the said Swaminathan reduced a sum of Rs.1,00,000/- from the sale price.  In a peace meeting held in the village, the complainant agreed to return the money and taken back the vehicle along with the compensation of Rs.70,000/-.  The vehicle was seized by the Revenue Officials of Sivagangai District and handed over the vehicle to Puzhuthipatti Police Station. The Puzhuthipatti Police registered a case against the complainant related to the vehicle.  In order to release the vehicle, the Sub-Collector, Devakottai asked him to produce the original R.C. Book and the vehicle insurance.  Since the original R.C. Book of insurance is not handed over by the opposite parties, the complainant was not able to produce the same before the Sub-Collector. Hence, the complainant was compelled to get “No Due Certificate” from R.T.O., Ranipet.  The R.T.O. also refused to issue the same.  Hence, the complainant filed a writ petition in W.P.(MD) No.5310/2017 before the Hon’ble High Court of Madras, Madurai Bench and the Hon’ble Court passed an order in directing the Tahsildhar to release the vehicle on the following conditions:

1. The petitioner is directed to deposit a sum of Rs.10,000/- before the 2^nd respondent;
2. The petitioner is directed to produce all the documents pertaining to the ownership of the seized vehicle.
3. The petitioner is directed to file an affidavit of undertaking that he will cause production of the vehicle in question before the competent/ concerned respondent (as the case may be) as and when called for an further, he will not alienate the vehicle in question till the appropriate proceedings initiated are completed;
4. On compliance of the above conditions, the 1^st respondent is directed to release the seized vehicle bearing Registration No.TN-73-X-7672 to the petitioner.
5. The 2^nd respondent is directed to pass final orders in the adjudication proceedings within a period of 45 days;
6. This order for the release of the vehicle can be pressed into service by the petitioner only if the vehicle is not in the custody of the criminal court.  If the vehicle is in the custody of the criminal court.  If the vehicle is in the custody of the concerned criminal court of appropriate jurisdiction, then option is given to the petitioner to approach the concerned Judicial Magistrate to get release of the vehicle, by filing necessary application in the matter known to law and in accordance with law; and
7. In as much as the vehicle bearing Registration No.TN-73-X-7672 is seized by the 3^rd respondent on 15.08.2016, the aforesaid order is to be complied with within a period of one week, if no order of adjudication is passed as on today”.

Thereafter, the complainant submitted another representation to the R.T.O., Ranipet requesting him to give “No Due Certificate” to release the vehicle.  The complainant was asked to pay a sum of Rs.65,000/- towards road tax and fine amount.   As per the order of the Hon’ble High Court of Madras, Madurai Bench, the complainant deposited a sum of Rs.10,000/-.  The Sub-Collector, Sivaganga directed the complainant to pay a sum of Rs.25,000/- as per the proceedings M.M. R1/6009/2016 dated:12.07.2017.  The act of the opposite parties caused great mental agony and inconvenience to the complainants.  Hence, the complaint is filed.

2.     After receipt of notice, M/s. KNS Law Chamber undertakes to file Vakalath but has neither Vakalath nor written version filed within the stipulated time and hence, the opposite parties 1 & 2 were set ex-parte.

3.     Though the opposite parties remained Ex-parte, this Forum is to dispose of this compliant fully on merits with available materials evidences before this Forum. 

4.     In such circumstances, in order to prove the allegations made in the complaint the proof affidavit is filed by the complainants as their evidence, and also documents Ex.A1 to Ex.A8 are marked.  

5.      The points for consideration is:-

1. Whether the complainant is entitled to the original R.C. Book for the vehicle bearing Registration No.TN-73-X-7672 as prayed for?
2. Whether the complainant is entitled to get a sum of Rs.7,70,000/- paid to the opposite parties along with interest as prayed for?
3. Whether the complainant is entitled to a sum of Rs.11,65,000/- towards compensation mental agony, loss and deficiency in service with cost of Rs.10,000/- as prayed for?

 

 

6.      On point:-

After service of notice, the opposite parties offered to file Vakalath and written version.  But miserably failed to file Vakalath and written version and remained ex-parte. The complainant filed proof affidavit and written arguments.  Heard the complainant’s Counsel also.  Perused the records namely; the complaint, proof affidavit and documents. The complainant pleaded and contended that he purchased one Escorts Digimax Backhoe Loader bearing Chassis No.610B125920, Engine No.4H3205/1120532 from Escorts Limited as per Ex.A2 on 12.08.2015 and paid a sum of Rs.7,70,000/-.   Further the contention of the complainant is that while purchasing the vehicle the original R.C. Book was not available with the opposite parties.  On the assurance of the opposite parties that the original R.C. Book will be handed over within 3 months through SREI Equipments Finance Ltd. having its office at No.290, Peters Road, Gopalapuram, Chennai – 600 086. 

7.     Further the contention of the complainant is that the vehicle was also not in a running condition.  The complainant has expended a sum of Rs.2,00,000/- to bring down the vehicle in a running condition.  But no document filed.  Further the contention of the complainant is that on the assurance of the opposite parties regarding the handing over of the original R.C. Book, the complainant made arrangement to sell the vehicle to one Mr. Swaminathan and sold the vehicle without handing over the R.C. Book for which, the said Swaminathan reduced a sum of Rs.1,00,000/- from the sale price.  But the complainant has not produced any document.  In a peace meeting held in the village, the complainant agreed to return the money and take back the vehicle along with the compensation of Rs.70,000/-.  The vehicle was seized by the Revenue Officials of Sivagangai District for damaging the government property and handed over the vehicle to Puzhuthipatti Police Station.  The Puzhuthipatti Police registered a case against the complainant related to the vehicle.  In order to release the vehicle, the Sub-Collector, Devakottai asked him to produce the original R.C. Book and the vehicle insurance.  Ex.A5 is the copy of the proceedings of the District Collector, Sivagangai district dated:12.07.2017 for payment of fine amount of Rs.25,000/-.  Since the original R.C. Book of insurance is not handed over by the opposite parties, the complainant was not able to release the vehicle.  The Xerox copy of the R.C. Book shows one Mr. Venkatesan is the owner of the vehicle as per Ex.A1.  Hence, the complainant was constrained to get “No Due Certificate” from R.T.O., Ranipet.  The R.T.O. also refused to issue the same.  Hence, the complainant filed a writ petition in W.P.(MD) No.5310/2017 as per Ex.A3 before the Hon’ble High Court of Madras, Madurai Bench and the Hon’ble Court passed an order in directing the Tahsildhar to release the vehicle on the following conditions:

8. The petitioner is directed to deposit a sum of Rs.10,000/- before the 2^nd respondent;
9. The petitioner is directed to produce all the documents pertaining to the ownership of the seized vehicle.
10. The petitioner is directed to file an affidavit of undertaking that he will cause production of the vehicle in question before the competent/ concerned respondent (as the case may be) as and when called for an further, he will not alienate the vehicle in question till the appropriate proceedings initiated are completed;
11. On compliance of the above conditions, the 1^st respondent is directed to release the seized vehicle bearing Registration No.TN-73-X-7672 to the petitioner.
12. The 2^nd respondent is directed to pass final orders in the adjudication proceedings within a period of 45 days;
13. This order for the release of the vehicle can be pressed into service by the petitioner only if the vehicle is not in the custody of the criminal court.  If the vehicle is in the custody of the criminal court.  If the vehicle is in the custody of the concerned criminal court of appropriate jurisdiction, then option is given to the petitioner to approach the concerned Judicial Magistrate to get release of the vehicle, by filing necessary application in the matter known to law and in accordance with law; and
14. In as much as the vehicle bearing Registration No.TN-73-X-7672 is seized by the 3^rd respondent on 15.08.2016, the aforesaid order is to be complied with within a period of one week, if no order of adjudication is passed as on today”.

Thereafter, the complainant submitted another representation to the R.T.O., Ranipet requesting him to give “No Due Certificate” to release the vehicle.   The complainant was asked to pay a sum of Rs.65,000/- towards road tax and fine amount by RTO.   But the complainant has not produced any record.  As per the order of the Hon’ble High Court of Madras, Madurai Bench, the complainant deposited a sum of Rs.10,000/- as per Ex.A4.  The Sub-Collector, Sivaganga directed the complainant to pay a sum of Rs.25,000/- as per the proceedings M.M. A1/6009/2016 dated:12.07.2017 as per Ex.A5.  Hence, the complainant was constrained to file this case against the opposite parties claiming the original R.C. Book and compensation.  Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite parties 1 & 2 are jointly and severally liable to return the original R.C. Book within one month from the date of receipt of this order and to pay a sum of Rs.30,000/- towards compensation for mental agony with cost of Rs.10,000/- to the complainant.

  In the result, this complaint is allowed in part.  The  opposite parties 1 & 2 are jointly and severally directed to return­ the original R.C. Book for the vehicle bearing Registration bearing No.TN-73-X-7672 within one month from the date of receipt of this order copy and to pay a compensation of Rs.30,000/- (Rupees Thirty thousand only) for mental agony with cost of Rs.10,000/- (Rupees Ten thousand only) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 22^nd day of November 2019. 

 

MEMBER                                                                                                                                            PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

		Copy of R.C. Book of the vehicle
		Copy of RTGS/ NEFT receipt
		Copy of order in W.P. (MD) No.5310/2017
		Copy of receipt issued by the State Bank of India for amount of Rs.10,000/- deposited in favour of RTO, Ranipet
		Copy of Proceedings of the District Collector, Sivagangai
		Copy of challan for the amount deposited in State Bank of India towards fine amount
		Copy of representation given by the complainant to the opposite parties
		Copy of acknowledgement cards

 

 

MEMBER                                                                                                                                                         PRESIDENT