D.o.F:27/8/2009 D.o.O:29/10/2010 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD CC.NO. 121/10 Dated this, the 29th day of October 2010 PRESENT: SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER C.S.John, S/o Scaria, Charuvila, Cheramkadavu, Panathur Po, : Complainant Panathady, Hosdurg,Kasaragod. (Adv.Roy Paul, Kasaragod) 1. P.Rajesh, S/o purushothaman Nair, Pulikkadavu, Balanthodu PO, Panathady Hosdurg,Kasaragod. 2. Puthussery Augusty @Appi, R/at Cheramkadavu, Panathur Po, : Opposite parties Panathady, Hosdurg,Kasaragod. (Exparte) ORDER SRI.K.T.SIDHIQ : PRESIDENT The gist of the complaint is that opposite parties 1 & 2 failed to obtained sale letter and No objection Certificate of the Financier as part of the sale transaction of autorikshaw belongs to Ist opposite party. 2nd opposite party is the intermediary of the sale. The intention of the complainant was to convert the autorikshaw as a private vehicle. Due to the non-issuance of NOC by the financer he could not transfer the vehicle in his name and he constrained to pay the Motor Thozhilali Kshemanidhi contribution, road tax and insurance premium in a higher rate. The permit is also expired . Hence he could not use the vehicle. Inspite of his repeated demands and demand through lawyer notice, opposite parties failed to fulfill their part of sale transaction. Hence the complaint alleging deficiency in service on the part of opposite parties. 2. Though opposite parties appeared through counsel subsequently they remained absent. Version also not filed. Therefore opposite parties 1&2 had to be set exp[arte. 3. Complainant filed proof affidavit in support of his case. Exts.A1 to A8 marked. Counsel for the complainant heard. Documents perused. 4. Ext.A1 is the agreement of sale. From the recitals it is manifest that Ist opposite party is to transfer the R.C in the name of complainant at the expenses of complainant. The total sale consideration is ` 15500/-. Ext.A2 is the copy of receipt for ` 800/- issued by Kerala Motor Transport Workers Welfare fund Board for the receipt of contribution for the month of 2/2007 to 8/07 and 1/09 to 9/08. Ext.A3 is the copy of lawyer notices issued to opposite parties 1&2 and Ext.A4&A5 are its acknowledgments. Ext.A6 is the copy of insurance certificate, Ext.A7 is the copy of permit and Ext.A8 is the copy of R.C. 5. All the documents would goes to prove that the opposite party is failed to perform their part of sale. Failure to fulfill contractual obligation that is the non transfer of RC in the name of complainant amounts to unfair trade practice. Therefore Ist opposite party is liable to make good the loss sustained to the complainant. But there is no evidence or documents to show that 2nd opposite party has committed any unfair trade practice or deficiency in service. Therefore, 2nd opposite party is exonerated from the liabilities. Hence, complaint is allowed and Ist opposite party is directed to obtain No objection Certificate and H.P.Termination letter from the financier and issue the same to the complainant and pay a compensation of ` 4000/-. In case of inability to obtain the said documents then Ist opposite party is directed to take back the Autorikshaw bearing Reg.No.KL-14/C 554 in as is where is condition and repay ` 15500/- that he received from the complainant together with a compensation of ` 2000/-. In either case Ist opposite party is liable to pay ` 2000/- towards the cost of these proceedings. Time for compliance is limited to 2 months from the date of receipt of copy of the order failing which Ist opposite party shall further liable to pay interest @ 9% for ` 15500/- from the date of complaint till payment. 2nd opposite party is exonerated from the liabilities. MEMBER PRESIDENT Exts: A1- agreement of sale A2 - copy of receipt for ` 800/- A3- copy of lawyer notices A4&A5 - acknowledgments A6- copy of insurance certificate, A7 -copy of permit A8 - copy of R.C. MEMBER PRESIDENT eva/ | 
