DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, Civil Station, Palakkad 678001, Kerala
Dated this the 16th day of February, 2010
Present: Smt.Seena.H, President Smt.Preetha.G.Nair, Member Smt.Bhanumathi.A.K, Member
C.C.No.01/2009
Padmanabhan, S/o.Bhaskaran, Panamkavu House, Pattanchery, Chittur Taluk, Palakkad. - Complainant (By Adv.V.Shanmukhanandan) Vs
1. The Palakkad Regional Transport Officer, Civil Station, Palakkad. (By Vinod.K.Kayanat, Govt. Pleader)
2. State of Kerala, Rep by District Collector, Civil Station, Palakkad. (By Vinod.K.Kayanat, Govt. Pleader)
O R D E R
By Smt.Seena.H, President
Case of the complainant in brief:
Complainant purchased a scooter on 05/11/2007 and applied for transfer of ownership in the Registration Certificate with the opposite party. As per the receipt issued from the opposite party office, the due date of transfer is stated as 15.11.07. On 15.11.07 complainant approached the staff of the opposite party but he was asked to come after a week. There after several times complainant approached opposite party office for receiving the Registration Certificate. Complainant gathered information from the touch screen placed infront of the opposite party office and understood that the transfer of ownership has been done on 10.11.07 itself. A letter dtd.21.12.07 was sent to the opposite party narrating whole facts and requesting to take appropriate action. No positive steps was taken by the opposite party to settle the issue. Again complainant caused a lawyer notice dtd.30.09.08 to the opposite party for which opposite party never replied. According to the complainant non possession of original
Registration Certificate has caused him much difficulties and hence the complaint. Complainant claims a total amount of Rs.90,000/- including compensation.
Opposite party filed version contending the following. Transfer of ownership of the complainant's vehicle was done on 10.11.07 itself. There after complainant received the original Registration Certificate from the opposite party office on 15.11.07. Later complainant himself complained that he has not received the original Registration Certificate and applied for a duplicate one. Duplicate was also issued by post on 30.01.09. Hence there is no deficiency in service on the part of the opposite party.
The evidence adduced by the complainant consists of the chief affidavit and Exts.A1 to A3 marked. Opposite party filed affidavit and there after there was no representation. No documentary evidence on the part of the opposite party.
Now the issue for consideration are; Whether there is any deficiency in service on the part of opposite party? If so, what is the relief complainant is entitled to?
Issues 1 & 2: The definite case of the complainant is that the opposite party has not handed over the original Registration Certificate of the complainant after effecting transfer in his name. Opposite party on the other hand contented that the o riginal Registration Certificate was handed over to the complainant on 15.11.07 from the opposite party's office. There after as per the request of the complainant a duplicate Registration Certificate was also issued by post on 30.01.09.
Perusing the documents it can be seen that the contention of the opposite party is not supported by any documentary evidence. If the original Registration Certificate has been received by the complainant directly from the opposite party's office, definitely there would have been an acknowledgement to that effect. Nothing has been produced by the opposite party. Further complainant has no case that he has applied for a duplicate Registration Certificate opposite party on the other hand has contented that duplicate Registration Certificate was issued as per the request of the complainant. If that be the case, opposite party ought to have produced the application requesting issuance of the duplicate Registration
Certificate. The said document was also not produced. Suo moto issuance of duplicate Registration Certificate by the opposite party make the case of the complainant more probable.
Complainant is seen to have taken earnest efforts in the form of letter requesting to take steps to the opposite party and by lawyer notice issued to the opposite party. Said documents are marked as Ext.A1 to A3.
Non possession of original Registration Certificate definitely leads to mental agony for the complainant and hence the complainant is entitled for compensation. It is seen that opposite party has issued duplicate Registration Certificate to the complainant and the complainant has received it. Hence we are of the view that an amount of Rs.5,000/- as compensation will meet the ends of justice.
In the result, complaint allowed. Opposite party No.1 is directed to pay the complainant an amount of Rs.5,000/- (Rupees Five thousand only) as compensation for the deficiency in service within one month from the date of receipt of order together with Rs.1,000/- (Rupees One thousand only) as cost of the proceedings. Order shall be complied within one month from the date of receipt of the order failing which the whole amount shall carry interest @ 9% p.a from the date of order till realisation.
Pronounced in the open court on this the 16th day of February, 2010 Sd/- Seena.H, President Sd/- Preetha.G.Nair, Member Sd/- Bhanumathi.A.K, Member Appendix Witnesses examined on the side of complainant Nil Witnesses examined on the side of opposite parties Nil
Exhibits marked on the side of complainant Ext.A1 – Acknowledgement dtd.05.11.07 issued by opposite party to complainant Ext.A2 - Acknowledgement dtd.29.02.08 issued by opposite party to complainant Ext.A3 – Photo copy of letter dtd.21.12.07 sent by complainant to opposite party Exhibits marked on the side of opposite parties Nil Costs(Allowed) Rs.1,000/- (Rupees One thousand only) | 
