BEFORE THE DISTRICT FORUM:KURNOOL

Present: Sri.T.Sundara Ramaiah , B.Com B.L., President

And

Sri. M.Krishna  Reddy , M.Sc.,M.Phil., Male Member

Friday the 12^th day of March , 2010

C.C.No. 157/09

Between:

1. Khaleel Baig, S/o. Ramijula Baig

Plot. No.8, Mujafar Nagar, Kallur ,  Kurnool District.                

2. Ramijula Baig, S/o. Zaffar Baig,

Plot No.8, Mujafar Nagar, Kallur, Kurnool District.                                   …..Complainants

-Vs-

M/s. Shriram City Union finance Limited, Rep., by its Branch Manager,

50/760-A-121, 1^st Floor,  Sri. Balaji Complex, Gayatri Estates,

II Branch , Kurnool - 518 002.

2. M/s. Shriram City Union finance Limited, Rep., by its Deputy General Manager,

50/760-A-121, 1^st Floor, Sri. Balaji Complex, Gayatri Estates,

II Branch, Kurnool - 518 002.        .                 

 …Opposite Parties

                          This complaint is coming on this day for orders in the presence  of  Sri. M. Sivaji Rao ,  Advocate,  for  the  complainant,  and opposite parties are called absent set – exparte and upon perusing

the material papers on record, the Forum made the following.

ORDER

(As per Sri. T.Sundara Ramaiah, President)

C.C.No.157/09

1.   This complaint is filed under section 12 of the Consumer Protection Act,1986 seeking direction on the opposite parties to pay  a sum of Rs.38,400/- towards the loss of earnings for 64 days @ Rs.600/- per day  for keeping the vehicle in idle  condition to pay a sum of Rs.25,000/- for causing hardship and mental agony, and to pay the expenditure of Rs.500/- spent for registration and transfer  the registration within 10 days from the date of receipt of this notice and to pay the costs of this complaint.

2.   In pursuance to the notice of this forum as to this case of the complainant the opposite parties remained absent and hence were set ex-parte and the case is proceeded on merits.

3.   In substantiation of the contentions the complainants side has taken reliance on Ex.A1 to Ex.A12 which are marked.

4.   On the basis of the above pleadings the points for consideration

Are:      

(i)     Whether there is any deficiency of service on the part of the

 respondents/ opposite parties ?

(ii)     Whether the complainant is entitled to the relief as prayed

 for?

(iii)     To what relief?

5.     Point No.1 & 2:  It is the case of the complainant No.1 that he purchased the “Tata Indica Car ”  from  the  opposite  parties  on   02-04-2009 and that the opposite parties did not take steps to register the said vehicle in the name of the second complainant inspite of repeated demands . As seen from Ex.A1 it is very clear that the first complainant purchased Tata Indica Car for Rs.1,00,000/- from the Branch Manager Shriram Chits Private Limited, Kurnool on 02-04-2009 From Ex.A2 to A12 it is very clear that the vehicle purchased by the 1^st complainant was not transferred by the opposite parties in the name of the complainants . The case of the complainants is that as the vehicle was not transferred in their name they could not fly the vehicle and that they incurred loss of Rs.38,400/- @ Rs.600/- per day . The complainants did not place any satisfactory evidence to show that the vehicle was kept idle for sixty days after the purchase. Therefore I am not inclined to grant any compensation to the complainants under this head.

6.     The complaints must have suffered with mental agony on account of the acts of the respondents in not transferring the vehicle in the name of the complainants. Therefore the respondents are liable to pay an amount of Rs.10,000/- for causing mental agony to the complainants .

7.     The vehicle was not transferred in the name of the complainants. The opposite parties are also liable to transfer the vehicle in the name of the complainants.

8.     Points No. 1 and 2 are accordingly answered.

9.     Point No. 3:      Therefore the case of the complainant is partly allowed with costs of Rs. 500/- and directing the opposite parties 1 and 2 in their joint and several liability to pay a sum of Rs.10,000/- towards mental agony and to transfer the vehicle in the name of the complainants within  one month from the date of receipt of this order. The respondents shall pay the above amount of Rs.10,000/- with interest at 12% from the date of complaint till realization.

Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 12^th day of March, 2010.

         Sd/-                                                                                       Sd/-

MALE MEMBER                                                            PRESIDENT  

APPENDIX OF EVIDENCE

Witnesses Examined

For the complainant :Nil             For the opposite parties :Nil

List of exhibits marked for the complainant:-

Ex.A1.       Sale letter dated 02-04-2009.

Ex.A2.       Xerox copy of certificate of registration of vehicle.

Ex.A3.       Office note bearing Rc No.B1/2009.

Ex.A4.       Form 36 Rule 61 (2)

Ex.A5.       Letter of OP to the registering authority dated 18-05-2009.

Ex.A6.       Notarised affidavit.

Ex.A7.       Form – 29 Rule 55(1)

Ex.A8.       Form -30 Rule 55 (2) (3)

Ex.A9.       Legal notice dated 03-06-2009.

Ex.A10.      Two postal receipts along with two postal acknowledgements cards

Ex.A11.      Reply notice dated 15-06-2009.

Ex.12.       Correspondence made with the R.T.O. Officials.

.

List of exhibits marked for the opposite parties: Nil

         Sd/-                                                                 Sd/-

MALE MEMBER                                                            PRESIDENT

// Certified free copy communicated under Rule 4 (10) of the

A.P.S.C.D.R.C. Rules, 1987//

Copy to:-

Complainant and Opposite parties

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