Order
The complainant Krishan Kr. has filed this case of claim for Rs. 55,000/- as find charge and registration fee Rs. 27000/- Total Rs. 2000 only against the o.p.
The case of complainant appears from his complaint petition dated 15-05-2015 supported with an affidavit filed on 16-05-2015 that the complainant has purchased a new Tractor Scort Power Track- 434 VM EURO from o.p no.1 on 21-05-2014 for Rs. 6,03670 registration charge and Rs.16000/- insurance Rs.10,000 and document charge Rs. 2350 total for Rs. 6,55,020/- on the financed and he deposited Rs. 3,50,000/- from o.p no.2 financer and he has further alleged that o.p no.1 has purchased the old tractor of complainant power track 435 for Rs. 1,60,000/- and after deducting the said money and deposited of cash Rs. 27,000/- due amount balance Rs. 1,18,020/- which he has deposited by several challans. The o.p no.1 never made the registration of tractor so that the complainant is not doing any work by his tractor and he is suffering loss of Rs. 1000/- per day. Accordingly he has served the legal notice and filed this case with aforesaid claim and with prayer to direct the o.p to get it registered his tractor and handover the owner book at earliest.
The complainant has filed Xerox copy of several papers such as, copy of challan for Rs., 1,180,20/- showing the due challan dated 21-05-2014, challan dated 16-12-2014 and 10-10-2014 regarding the payment of Rs. 27,000/- and Rs. 50000/- deponent by the complainant to the o.p deposited of another paper of tractor, legal notice dated 03-04-2015 and 23-04-2015.
The complainant has filed Written argument dated 09-10-2015 with same fact nothing new has been added.
In this case o.p no.1 appeared and filed his w.s dated 24-06-2015 supported with an affidavit alleged there in that the case is not maintainable and admitted that the said tractor was purchase by his agency on installment basis financed by o.p no.2 and further alleged that the complainant has deposited Rs. 27000/- for registration but latter on dated 02-04-2015 the complainant has return back the money that he will get it registered, when he has received the said money that he will got it registered then he duty of o.p. ended which has suppressed the said fact. He has further alleged that o.p no.1 has deposited Rs. 900/- through bank challan for registration dated 06-06-2014 accordingly he is not entitled for any registration and prayed to dismiss the case
O.p. No.1 has filed certain Xerox copy of papers such as receipt to R. 27000/- on plain paper, deposite of money Rs. 900/- for registration dated 06-06-2014 detail note of due amount only.
In this case O.p no.2 also appeared and has filed his w.s dated 05-03-2016 alleged there in that complainant has taken financed from o.p no.2 and as per claim petition his complain is only against o.p no.2 and complainant has deposited total money financed to him to the o.p no.1 nothing dues against o.p no.2 and he has prayed to get free him from this case this fact has been mentioned in his petition dated 10-04-2018 but in his w.s it appears that there was certain due and on that ground .p. no.2 has prayed to dismiss the case. But latter on he has discloses by his petition dated 10-04-2018 no money is due against complainant.
Considering the facts circumstances material available with the record and allegation of respective parties it is admittedly clear that o.p . no.1 has taken money Rs. 27000/- for registration which he has return back and not get registered the tractor of complainant, the receipt filed by o.p. appeared as forged because of on plain paper his automobile company has his and all transaction has been made on the head of the company hence in our believe it was not possible to say that the o.p has return back the money Rs. 27,000/- to the complainant as such it is apparently clear to say that the o.p. has deliberately not reregistered the vehicle in question and now the matter is cropped up then he has for saving his skin submitted forged receipt. Hence we are of the constrained view that the complainant is find able to prove his case and is entitled for his claim against the o.p as such the case is allowed.
Accordingly the o.p is directed firstly to got registered the vehicle in question at earliest within one month and further o.p no.1 directed to pay Rs. 55,000/- with interest @ 8 % p.a as physical, mental, harassment as well as loss of his standing vehicle as well as litigation cost. Payment should be made within one month of the order, otherwise the complainant is entitled to get it recover from the process of law.
