By Jayasree Kallat, Member:

            The complainant had purchased a T.V.S. Victor Motor Cycle from the opposite party on 14-10-03.  On 15-10-03 complainant had received a sale certificate from the wholesale dealer Gem T.V.S. Kozhikode.  Sale certificate was issued in the name of the complainant with Sl. No. GT/CLT/1484.  Complainant had arranged finance from B.B. Investments.  On 15-10-03 opposite party had sold 2003 Model Black Coloured T.V.S. Victor Motor Cycle with Chassis No.3309 F-741547, Engine No. N-33309 M 697457 to the complainant.  Complainant had paid Rs.46000/- including insurance, tax registeration charge etc. to the opposite party.  Opposite party did not hand over the registeration certificate, Registeration Number and tax disc to the complainant till date.  The complainant was unable to ply the vehicle without documents.  On 22-2-05 Koyilandy R.T.O. had imposed Rs.1000/- as fine to complainant’s vehicle, due to plying the vehicle on the road without document and R.C. On 23-6-05 the vehicle was taken into police custody.  The vehicle is still in the police station.  Opposite party had received charges for getting the vehicle registered, but failed to furnish the complainant with the registeration No. and registeration certificate.  Complainant has filed the petition alleging deficiency in service and unfair trade practice on the part of opposite party and seeking compensation for the deficiency in service and also mental agony the complainant had to suffer.

            Opposite party filed a version denying the averments in the complaint except those that are explicitly admitted.  The complainant is not entitled for any relief.  Opposite party denies the fact that the complainant had purchased T.V.S. Victor Motor Cycle from Gem T.V.S. Kozhikode through opposite party.  Opposite party also denies the fact that a sale certificate was issued on 13-2-04 in the name of the complainant.  Opposite party has not collected any money towards the cost of the vehicle, insurance, tax and registeration charges which comes to a total of Rs.46000/- from the complainant.  The complainant has never approached opposite party for purchasing vehicle.  Opposite party has not received any money from the complainant.  On 15-10-03 a T.V.S. Victor Motor Cycle was sold in the name of the complainant but the order for the vehicle was given by an agent of the financier, B.B. Investment, Chennai.  A person named Hamsa had approached opposite party for buying the vehicle in the name of the complainant.  The complainant has never come to the opposite party institution to take delivery of the vehicle.  The vehicle was taken delivery by Hamsa, agent of the financier. Hamsa had paid the amount for the vehicle and received  all the papers pertaining to the vehicle. Opposite party have received Rs.40290/- from Hamsa as the cost of the vehicle, Rs.984/- the insurance charge and Rs.200/- as charges for attaining temporary registeration.  A total amount of Rs.41474/- only was received by the opposite party. For the total amount of Rs.41474/- opposite party has given an invoice for Rs.40290/-, insurance cover note for Rs.984/-.  These papers were handed over to Hamsa the agent of the financier on 15-10-03 itself.  Owners manual, Sale certificate, Invoice, Temporary registeration certificate, Form-22, insurance cover note etc. were the documents given to Hamsa.  The dealer does not have the responsibility to take registeration of the vehicle.  It is the responsibility of the customer to take the registeration and get the R.C. and also to remit tax.  There was no deficiency of service or unfair trade practice on the part of opposite party.   The complainant is not entitled for any relief sought in the petition from this opposite party.  Opposite party prays to dismiss the complaint with costs to opposite party.

            The points for consideration is  (1) whether there was any deficiency on the part of opposite party?  (2)  Whether the complaint is entitled for any relief?

            PW1 was examined and Ext.A1 to A4 were marked on complainant’s side.  RW1 was examined and Ext.B1 to B4 were marked on opposite party’s side.

Point No.1:

            The case of the complainant is that he had purchased a T.V.S. Victor Motor Cycle from Gem T.V.S. Kozhikode through Meloor Motors, the opposite party by paying a total amount of Rs.46000/- to the opposite party.  According to the complainant he had paid charges for obtaining registeration certificate, tax disc and insurance.  But the opposite party has failed to furnish the documents pertaining to the vehicle.  Because of the non availability of the documents of the vehicle, the complainant could not ply the vehicle on the road.  According to the opposite party they have not received any amount from the complainant.  They have sold the vehicle in the name of Shajan, the complainant in the petition on 15-10-03.  Ext.A2 is the sale certificate.  In Ext.A2name of the buyer is written as Shajan.  In Ext.A2 it is also mentioned that the vehicle is held under agreement of hire purchase/lease/hypothecation with B.B. Investment, Chennai.  The definite contention of opposite party is that the vehicle referred in this case was sold to one Hamsa who was the agent of a financier in Chennai that is B.B. Investment.  Hamsa had paid the cash and taken delivery of the vehicle.  On 15-10-03 on taking delivery of the vehicle opposite party had handed over all the papers including invoice, temporary registeration certificate, sale certificate, Form-22, insurance cover note etc. to Hamsa.  The complainant’s case is that opposite party has not taken effort for obtaining registeration certificate, tax disc and insurance pertaining to the vehicle.  Opposite party contents that opposite party is duty bound to register the vehicle temporarily and give the temporary certificate of registeration to the customers.  It is the duty of the purchaser to obtain permanent registeration.  Section-41 of Motor Vehicle Rules says that it is the duty of the owner to register the vehicle.  Ext.A2 produced by the complainant shows that the vehicle is held under agreement of hire purchase with B.B. Investment, Chennai.  Ext.A3 is a Lawyer Notice sent in reply to the notice sent by the complainant to the opposite party.  Ext.A3 clearly mentions that one Hamsa had approached the opposite party for buying the 2 wheeler in the name of the complainant.  The same Hamsa has paid the charges for the vehicle and had taken delivery from opposite party.  On delivery on 15-10-03 all the papers including invoice, temporary registeration certificate, sale certificate, Form-22, insurance cover note etc. were handed over to Hamsa.  Ext.A3 was sent on 4-12-04.  But the complainant has not taken any effort to trace the above mentioned Hamsa.  From the evidence and documents produced the Forum cannot find any deficiency on the part of opposite party. The complainant has not approached the Forum with clean hands.  The Forum is of the opinion that the complainant is hiding certain facts.  The picture will be more clear if both Hamsa and B.B. Investment comes before the Forum.  In our opinion complainant has failed to prove that there was any deficiency on the part of opposite party.  Hence Forum has come to the conclusion that there is no deficiency on the part of opposite party.

Point No.2:-

             On a perusal of Ext.A4 receipts ( 7 in numbers) produced by the complainant Forum is of the opinion that the complainant has not paid the full amount as cost of the vehicle.  He has expended only very megre amount.  But the complainant was using the vehicle from 15-10-03 upto 23-6-05 until the vehicle was taken into police custody for plying the vehicle without proper documents complainant has not taken any action for about two years.  As the Forum could not pin point any deficiency on the part of opposite party we are of the opinion that the complainant is not entitled for any relief.

            In the result the petition is dismissed.

Pronounced in the open court this the 2nd day of December 2009

                   Sd/-                                                      Sd/-

            PRESIDENT                                         MEMBER

APPENDIX

Documents exhibited for the complainant.

A1.  Owner’s Manual.

A2.  Sales certificate.

A3.  Lawyer notice dt. 4-12-04 sent by O.P. to the complainant.

A4.  Receipts of B.B. Investment (& in Nos.)

Documents exhibited for the opposite party.

B1.  Power of Attorney filed on behalf of the complainant.

B2.  Lawyer notice dt. 13-12-04 sent by the complainant to the opposite party.

B3.  Reply notice sent by O.P. to the complainant dt. 4-12-04.

B4.  Returned envelope.

Witness examined for the complainant.

PW1.  V.R. Shijan (Complainant)

Witness examined for the opposite party.

RW1.  Hashim. P.V., Hira, Melur, Koyilandy.

                                                                                    Sd/- President

                                    // True copy //

                        (Forwarded/By order)

               SENIOR SUPERINTENDENT.