<br /> <br /> <br /> By R. VIJAYAKUMAR, MEMBER.<br /> <br /> The complainant and opp.party entered into an agreement on 10.7.2001. Content of the agreement was that the Mahindra High roof was having Reg.No.KL 2-H 3481 owned by the opp.party will be hunded over to the complainant. On payment of Rs.2,00,000/- [Rupees two lakh only] and on payment of a further amount of Rs.1,05,000/- [Rupees one lakh five thousand only] the Registrations of the vehicle will be transferred in favour of the complainant after settling the higher purchased amount due to the Finance company. It was further stated that all the amount due to the Motor vehicle department and the liabilities arisen from the criminal cases upto the date of handling over possession will be shouldered by the opp.party. Complainant paid Rs.2,00,000/- [Rupees two lakh only] and took possession of the vehicle. As per agreement complainant paid the balance amount of Rs.1,05,000/- [one lakh five thousand only]. <br /> <br /> <br /> Opp.party failed to get the registration of the vehicle transferred in the name of the complainant. On enquiry with authorities of Motor Vehicle department if was found that an amount of Rs.16,000/- [Rupees sixteen thousand only] wad due to the department against check reports and a further sum of Rs.3600/- f[Three thousand and six hundred only as tax arrear. Complainant requested to the opp.party to clear off the same. Because of the failure of opp.party to clear off the defect, complainant was compelled to pay the amounts and he suffered a loss of Rs.19600/- [Rupees nineteen thousand and six hundred only]. Complainant issued a lawyer notice, but no reply was received. Hence complainant for getting as award directing of the opp.party to pay the complainant Rs.19,600/- [Nineteen thousand and six hundred only] along with interest at the rate of 18% per annum and compensation and cost.<br /> <br /> The complainant filed affidavit. Opp.party filed version, PW.1 examined. Ext. P1 to P16 marked as evidence. Opp.party marked as evidence. Opp.party remained absent continuously. Hence be stands exparte.<br /> <br /> The point which is to be determined is whether there is deficiency in service on the part the opp.party<br /> <br /> Complainant could prove his case through complaint, affidavit, deposition in Chief and exhibits marked. The complaint was heard. As the opp.party did not adduced any evidence. The Forum is constrained to accept evidence adduced by the complainant Ext.P1 to P16 shows that the opp.party committed deficiency in service towards the complainant. Hence the complainant entitled to get relief..<br /> <br /> In the result the complaint is allowed. The opp.party is directed to pay Rs.19,600/- to the complainant along with 12% interest from the last date of payment to MV department. Opp.party is also directed to pay Rs.3000/- as compensation and cost to the complainant. The order is to be complied with within one month from the date of receipt of this order.<br /> <br /> Dated this the 31st day of March, 2008.<br /> <br /> <br /> <br /> <br /> <br /> I n d e x<br /> <br /> List of witnesses for the complainant<br /> PW.1. – Thulaseedharan Pillai<br /> <br /> List of documents for the complainant<br /> P1. – Agreement<br /> P2. – Acknowledgement<br /> P3. – D.D.<br /> P4. – Receipt dt. 16.11.2004<br /> P5. – D.D. for Rs.1200/-<br /> P6. – Receipt dated 16.11.2004<br /> P7.- D.D. dated 16.11.2004<br /> P8. – Receipt dated 16.11.2004<br /> P9 – Acknowledgement for Receipt dt. 16.11.2004<br /> P10. – Receipt dated 16.11.2004<br /> P11. – Receipt dated 16.11.2004<br /> P12. Advocate notice<br /> P13. – Postal receipt<br /> P14. – Acknowledgement card<br /> P15. – Payment slips<br /> P16. – Hire purchase cleard letter dt. 12.11.2005.<br />