Date of filing : 07-01-2010 Date of order : 05-04-2010 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD C.C. 03/2010 Dated this, the 5th day of April 2010 PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SHYMALADEVI : MEMBER P.M. Ismail, S/o.Moideenkunhi, Mehra Manzil, Seethangoli, } Complainant Bela, Kasaragod Taluk (Adv. George John Plamootil, Kasaragod) 1. Navas Rehman.M.K, S/o. Hamza, Parotagath House, } Opposite parties Thanam, Karippal.Po, Chapparapadavu, Thaliparamba.Via, Kannur.Dist. (Exparte) 2. The Manager, Sakthi Finance Ltd, P.K. Complex, Caltex Junction, Kannur (Exparte) O R D E R SRI.K.T.SIDHIQ, PRESIDENT Complainant purchased a TATA Tempo Light Goods Vehicle bearing Reg.No.KL-13/K 9739 from opposite party No.1 as per an agreement executed at Kasaragod. The vehicle was having financial liability with opposite party No.2. The purchase of vehicle was duly intimated to opposite party No.2 and opposite party No.2 agreed to hand over No Due Certificate to the complainant after closing the loan amount. Complainant after paying entire loan dues demanded the No Dues Certificate from opposite party No.2 but opposite party No.2 did not issue the same. The validity of the tax was till 31-12-2009. The opposite party No.1 given a letter to the Joint RTO, Thaliparamba not to collect the tax from the complainant. According to the complainant he had complied all the terms of agreement. 2. Notices to opposite parties were issued by registered post. Both the opposite parties received the notice. But did not appear before the Forum. Hence the opposite parties were set exparte. 3. Complainant filed proof affidavit. Exts A1 to A4 series marked. Counsel for the complainant heard. Documents perused. 4. Ext.A1 is the copy of the agreement between the complainant and opposite party No.1 regarding the sale of vehicle. Ext.A2 is the photocopy of the RC Book and Ext.A3 is the copy of the Form 29 for transfer of ownership of Motor Vehicle. Ext.A4 is the receipt issued by opposite party No.1 acknowledging the receipt of finance amount. Counsel for the complainant submitted that now the vehicle is off the road for want of payment of tax and the opposite party No.1 has given a letter to the Registering Authority not to accept the tax from complainant. 5. There is absolutely no contra evidence forthcoming from the opposite parties. The silence of the opposite parties itself show that there are no money is due from the complainant. The non issuance of No Objection Certificate and the request to Registering Authority not accept tax etc are deficiencies in service on the part of opposite parties and both of them are liable to compensate the complainant for the loss, hardships and mental agony suffered by him. The complainant further says that since the vehicle is off the road he is losing income that he derived by plying the vehicle. Hence the complaint is allowed and opposite party No.2 is directed to issue No Dues Certificate with respect to the TATA Light Good Vehicle bearing Reg.No.KL-13/K9739 along with a compensation of Rs.3000/- and a cost of Rs.2000/-. Opposite party No.2 is directed to executed necessary documents favouring the complainant allowing him to remit the road tax pertaining to the vehicle KL 13K 9739. Time for compliance is limited to 30 days from the date of receipt of copy of the order. Failing which on application by the complainant directions will be issued to the concerned Registering Authority to cancel the HP endorsement from the RC of the vehicle bearing Reg.No.KL13-K/9739 and transfer the vehicle in the name of complainant and also to accept tax from the complainant. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Exts. A1.Photocopy of Agreement A2.Photocopy of RC A3. Photocopy of Goods Carriage Permit. A4 Series copy of bills Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Pj/ Forwarded by Order SENIOR SUPERINTENDENT
......................K.T.Sidhiq
......................P.P.Shymaladevi
......................P.Ramadevi | | 
