BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.249/2018

DATED ON THIS THE 14^th December 2018

      Present:  1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT   

                     2) Sri. Devakumar.M.C.                   

                                                B.E., LLB., PGDCLP   - MEMBER

Sri H.M.SHIVAKUMARA SWAMY,

President

1.     This complaint is filed for a direction to the opposite party to change the R.C. and other documents relating to vehicle No.KA-09-EL-7583 with compensation and litigation expenses.
2.     The brief facts alleged in the complaint are that the opposite party is the authorised Nandi TVS Motor Company, two wheelers and also authorised to conduct exchange melas.  On 19.01.2017, the complainant has handed over his two wheeler bearing No.KA-09-EL-7583 and the opposite party has fixed the rate of said vehicle for Rs.12,000/- and in exchange, the complainant has agreed to purchase another vehicle by paying the remaining excess amount and he has also raised the loan with SBI. 
3.     In spite of several requests, the opposite party did not change the R.C. relating to the vehicle in the claim of complainant i.e. KA-09-EL-7583.  There was insurance to the said vehicle till 01.04.2017.  Now, the complainant apprehends that a 3^rd party may use the said vehicle and if there is any accident, in such circumstances, the R.C. is not changed from the name of the complainant, the complainant has to answer the claim made by the 3^rd party.  Thereby, this complainant has issued legal notice to the opposite party, in spite of it, there is no response.  Hence, this complaint is filed for necessary directions and compensation.
4.     In spite of service of notice, opposite party absent, placed exparte. 
5.     Then this matter is set down for complainant’s affidavit. During evidence, on behalf of complainant, the complainant has filed affidavit evidence and relied on documents.  Further evidence closed.  After hearing arguments, this matter is set down for orders.
6.    The points arose for our consideration are:-

1. Whether the complainant establishes that there is deficiency of service on the part of opposite party in not changing the R.C. relating to vehicle No.KA-09-EL-7583, thereby complainant is entitled for the reliefs sought?
2.  What order?

7.    Our findings on the aforesaid points are as follows:

Point No.1 :- partly in the affirmative.

Point No.2 :- As per final order for the following

:: R E A S O N S ::

8.   Point No.1:- The document of customer history sheet  discloses the payment made by the complainant to the extent of Rs.28,000/- and exchange offer of Rs.12,000/-.  As on the date of transaction, there was insurance to the said vehicle.  The complainant also produced the B-Register extract relating to KA-09-EL-7583 which is in the name of complainant Harish Kumar and there is no reference relating to transfer of the R.C. to anybody’s name.  Thereby, the opposite party has collected service charges from the complainant in exchanging mela and received the vehicle of complainant with all documents.  But, so far, documents relating to the vehicle in the name of complainant is not changed.  Now, the complainant apprehend that 3^rd party may deal with the vehicle and in such event, if any accident took place, the complainant will become the person liabile to answer the claim, since the R.C. is still in the name of complainant.  Further, a notice issued by the complainant also discloses that he has enclosed the copy of R.C. extract with insurance policy.  In spite of it, the opposite party did not change the R.C. of the vehicle, which was received from the complainant and he has not disclosed what has happened to the said vehicle.  Thereby, the apprehension of the complainant appears to be acceptable,  the non-transfer of R.C. by the opposite party amounts to deficiency in service.  Thereby, this Forum finds that it is a fit case to direct the opposite party to change the registration of the vehicle and also to pay compensation with litigation expenses.    Accordingly, point No.1 is answered partly in the affirmative.
9.    Point No.2:- In view of the findings recorded on point No.1, this Forum finds that opposite party is to be directed to change the R.C. of vehicle bearing No.KA-09-EL-7583 from the name of complainant and also liable to pay compensation of Rs.10,000/- with litigation expenses of Rs.2,000/- to the complainant.  Hence, we pass the following order:-

:: O R D E R ::

1. The complaint is allowed in part.
2. The opposite party is hereby directed to change the R.C. of the vehicle bearing No.KA-09-EL-7583 from the name of complainant within 45 days of this order.  Failing which, the opposite party is liable to pay penalty of Rs.100/- per day to the complainant till compliance.
3. The opposite party is hereby directed to pay compensation of Rs.10,000/- with litigation expenses of Rs.2,000/- to the complainant in 45 days of this order.   Failing which the opposite party shall pay interest at 12% p.a. on the said total sum of Rs.12,000/- from the date of this complaint i.e. 18.07.2018 till payment.     
4.  In case of default to comply this order, the opposite party to undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
5. Give the copies of this order to the parties, as per Rules.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 14^th December 2018)