DATE OF FILING : 17.8.2010
BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Dated this the 29th day of October, 2010
Present:
SRI.LAIJU RAMAKRISHNAN PRESIDENT
SMT.SHEELA JACOB MEMBER
SMT.BINDU SOMAN MEMBER
C.C No.174/2010
Between
Complainant : Jayan A.G.,
Ambalappurathu House,
Karimkunnam P.O.,
Thodupuzha,
Idukki District.
(By Adv: K.M. Sanu)
And
Opposite Party : Rajeev G. Nair,
Thrikkarthika,
Near Mahalakshmi Temple,
Thevalli P.O.,
Kollam District.
O R D E R
SRI. LAIJU RAMAKRISHNAN (PRESIDENT)
Complainant is the registered owner of the KL-1D-5983 Mahindra Jeep. The said jeep was received from the Revenue Department, in an auction sale by one Mr.Hussain P.P., residing at Kollam, in the year 2009. That was sold out to one Mr.Hamsa at Thodupuzha. The complainant purchased the same from the said Hamsa and after completing the repairs of the vehicle, he approached the RT Office at Kollam for clearing the documents. The said Hussain P.P entrusted the RT Office consultant, who is the opposite party, in order to clear the office and paper work of the jeep. So the complainant paid Rs.12,500/- to the opposite party for clearing official works of the jeep. As per the direction of the opposite party, the complainant transferred Rs.10,000/- on 7.11.2009 to the account of one Mr.Thankachi. S and Rs.2,500/- to the account of one Mr.Ajesh on 1.2.2010 through the SBT Karimkunnam branch. After receiving the amount, the complainant contacted the opposite party several times in order to clear the RT Office works of the vehicle. The complainant approached the opposite party with the vehicle, twice at Kollam and rented a room to stay there. So the complainant lost an amount of Rs.2,500/- for the same. But the opposite party never acted upon the promise. The opposite party avoided the complainant when the complainant approached the opposite party for clearing the paper works at the RT Office. So that the complainant directly approached the RT Office and the Junior Superintendent of the RT Office told that no payment was done by the opposite party, there. Then the complainant himself cleared all the documents from the RT Office by paying an amount of Rs.6,720/-. The opposite party promised to return the money, but not yet done as per the promise. So this petition is filed for getting back the amount paid by the complainant and also for getting compensation.
2. The opposite party was absent and called as ex-parte.
3. The point for consideration is whether there was any deficiency in service on the part of the opposite party, and if so, for what relief the complainant is entitled to?
4. The evidence consists of the oral testimony of PW1 and Exts.P1(series) to P7(series) marked on the side of the complainant.
5. The POINT :- The complainant deposed as PW1. PW1 entrusted Rs.12,500/- to the opposite party, for conducting re-test of the vehicle owned by him, paying the road tax and also changing the name of the vehicle etc., at the RT Office, Kollam as per the assurance given by the opposite party. Ext.P2 is the visiting card issued by the opposite party, to the complainant assuring that he is an auto consultant at Kollam. Ext.P1(series) are the pay-in-slips issued by the SBT for the payment of Rs.12,500/-. After receiving the amount, the opposite party never acted as per the assurance given. The vehicle was received by one Mr.Hussain, Kuttipurathu Veedu, Pallimukku, Kollam, in a public auction held on 22.6.2009. Ext.P4 is the copy of the letter from the Inspecting Assistant Commissioner of Commercial Taxes to the Regional Transport Officer, Kollam. Ext.P3 is the proceedings of the Inspecting Assistant Commissioner of the Commercial Taxes, Kollam, ordering the vehicle to hand over to the said Hussain. In order to change the name of the vehicle in the name of the complainant, who purchased the vehicle later, the complainant approached the opposite party and also for clearing the other papers. Even though the opposite party received the amount, the opposite party never acted upon the same. PW1 himself approached the RT Office and cleared all the documents of the vehicle and changed the name of the vehicle in the RC Book. Ext.P6 is the copy of the RC Book of the vehicle after changing the name. The complainant paid Rs.6,720/- before the RT Office at Kollam for doing the same. Re-test was conducted, road tax of the vehicle was paid and Ext.P7 is the receipt of the amount paid by the complainant at RT Office for clearing the documents.
As per the complainant, the opposite party, after receiving Rs.12,500/- from the complainant, for clearing the documents before the RT Office, of the vehicle purchased by the complainant, such as testing the vehicle, changing the name, paying the road tax, etc., were not done as per the promise. When enquired by the complainant, it is revealed that the opposite party never paid any amount before the RT Office. So the complainant himself paid another huge amount and cleared all the documents and changed the name of the vehicle in the name of the complainant. Ext.P6 shows the same. It is a gross deficiency from the part of the opposite party and so the complainant is entitled to get back the amount paid by him. The complainant approached twice the opposite party with his vehicle as per the direction of the opposite party and incurred a loss of Rs.2,500/- for the same, he stayed there in a lodge at Kollam. But there is no evidence to show the same and it may be true that the complainant approached the opposite party with his vehicle. Rs.1,000/- can be awarded for the same. These matters are not challenged by the opposite party anywhere.
Hence the petition allowed. The opposite party is directed to return the amount paid by the complainant which is Rs.12,500/- as per the Ext.P1(series) and also directed to pay Rs.1,000/- as compensation and Rs.1,000/- as cost of this petition to the complainant within one month of receipt of a copy of this order failing which the amount shall carry 12% interest per annum from the date of default.
Pronounced in the Open Forum on this the 29th day of October, 2010
Sd/-
SRI. LAIJU RAMAKRISHNAN (PRESIDENT)
Sd/-
SMT. SHEEL A JACOB (MEMBER)
Sd/-
SMT. BINDHU SOMAN (MEMBER)
APPENDIX
Depositions :
On the side of the complainant :
PW1 - Jayan A.G.
On the side of the Opposite party :
Nil.
Exhibits :
On the side of the Complainant :
Ext.P1(series) - Pay-in-slips issued by the SBT (2 Nos.) dated 7.11.2009 and 1.2.2010.
Ext.P2 - The visiting card issued by the opposite party.
Ext.P3 - The proceedings of the Inspecting Assistant Commissioner of the
Commercial Taxes, Kollam.
Ext.P4 - Copy of the letter from the Inspecting Assistant Commissioner of
Commercial Taxes to the Regional Transport Officer, Kollam.
Ext.P5 - Copy of the RC Book of the vehicle.
Ext.P6 - Copy of the RC Book of the vehicle after changing the name of the owner.
Ext.P7(series) - Receipts for the amount paid by the complainant at RT Office – 2 nos.
On the side of the opposite party :
Nil.
