BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
VAZHUTHACAUD, THIRUVANANTHAPURAM.
PRESENT
SRI. G. SIVAPRASAD : PRESIDENT
SMT. BEENAKUMARI. A : MEMBER
SMT. S.K.SREELA : MEMBER
C.C. No. 138/2010 Filed on 11.05.2010
Dated : 30.11.2012
Complainant :
Rajalekshmi T.T, W/o Jagadesh Chandran, Vishnupriya, Krishnankovil Road, Near Karalkada, Kaithamukku, Thiruvananthapuram.
(By adv. Girish Kumar. A.G)
Opposite parties :
Regional Manager, Maruthi Suzuki Ltd., Regional Office, 2nd Floor, Tutus Tower, NH 47, Byepass, Palarivattom, Ernakulam.
The Branch Manager, M/s Indus Motors, Near Family Court, Elamkulam, Sreekariyam, Thiruvananthapuram.
(By adv. Deepesh A.S for 2nd OP)
This O.P having been taken as heard on 31.10.2012, the Forum on 301.11.2012 delivered the following:
ORDER
SMT. BEENAKUMARI.A: MEMBER
Complainant states that the 1st opposite party has promoted a business by the name and style “Maruti True Value” and the 2nd opposite party is the licensed user of “Maruti True Value”. “Maruti True Value” is engaged in sale of used cars. Complainant purchased an used Maruti 800 car from the 2nd opposite party bearing registration No. KL-03 N 9663 by making cash payment of Rs. 1,68,000/- and took delivery of the vehicle on 02.12.2008. At the time of making payment for the vehicle, a photostat copy of the registration certificate and insurance details were handed over to the complainant. It was further agreed by the 2nd opposite party that all formalities for transfer of ownership with the registration department would be completed and for the same the 2nd opposite party has taken an amount of Rs. 2,000/- as service charge vide receipt dated 27.11.2008. Inspite of more than seventeen months the 2nd opposite party has not forwarded the original transfer certificate and other connected records to the complainant or to the registering authority for change of ownership. The complainant state that she had purchased the vehicle from the opposite parties on the belief that the opposite parties had in their possession all records that are legally required and the purchase of the vehicle will be legally safe and further more on the belief that 2nd opposite party is competent to sell the vehicle. Inspite of numerous visit to the office of the 2nd opposite party nothing was done to change the ownership of the vehicle. Hence the complainant caused to issue a lawyers notice on 31.10.2009 calling upon the opposite parties to hand over the original registration certificate and other records and claiming Rs. 25,000/- as compensation. The 2nd opposite party did make a reply on 19.11.2009 stating that the complainant had to produce the election identity card before the registering authority and that the ownership was not transferred due to the non-production of the election identity card. On receipt of the above reply complainant forwarded a photocopy of the election identity card to the 2nd opposite party. The opposite parties thereafter did not take any steps. Hence the complainant issued another notice dated 27.02.2010 forwarding the copies of the election identity card, insurance policy and pollution certificate. It was also made clear that the originals of the copies of the above records will be produced if required. Till date no action is seen taken by the opposite parties for changing ownership of the vehicle with the registering authority. Hence this complaint. Due to the non-transfer of ownership the insurance policy was renewed in the name of the previous owner. The complainant was not able to go for an insurance claim on a minor accident as she was not the legal owner. On two occasions she was harassed by the police due to want of original records. All these has resulted in mental agony and suffering to the complainant. Hence this complaint.
1st opposite party in this case remained ex-parte. In the version 2nd opposite party states that at the time of purchase of the vehicle the complainant was knowing the fact that the ownership of the vehicle stands in the name of its previous owner and the 2nd opposite party had clearly stated that the ownership of the vehicle can be changed in the name of the complainant after receiving the original of the R.C Book from the previous owner after closing the finance endorsed therein and it will take time. The 2nd opposite party was following up the matter. But the complainant was not following up the matter as she was not available on her phone numbers and had not handed over her ID card as agreed by her at the time of purchase of the vehicle. To the lawyer's notice dated 31.10.2009, the 2nd opposite party had sent a reply asking her to hand over Election ID card to prove her identity to change the ownership. On receipt of the said document and making endorsement regarding the termination of finance liability the R.C was got changed with the name of the complainant and the same was forwarded by the registering authority to the complainant. The 2nd opposite party had not purposefully caused any delay in changing the ownership in the name of the complainant. The delay was caused only due to the above mentioned reason. The 2nd opposite party further states that to the knowledge of them no accident was caused to the vehicle of the complainant as alleged. The opposite party stated that the complainant has now become infructuos as the RC. Book had forwarded to the complainant by the registering authority after changing the ownership in the name of the complainant. There was no negligence or latches from their side. Hence they prayed for the dismissal of the complaint.
The complainant and 2nd opposite party filed affidavits and examined both parties as PW1 and DW1. Both parties produced documents to prove their contentions.
Issues for consideration are:-
Whether there is unfair trade practice and deficiency in service from the side of opposite parties?
Reliefs and costs.
Points (i) & (ii):- The complainant in this case is a doctor by profession. She had purchased an used Maruti 800 car from the 2nd opposite party bearing Reg. No. KL-03 N 9663 for an amount of Rs. 1,68,000/- and took delivery of the vehicle on 02.12.2008. At the time of making payment for the vehicle, a photocopy of the R.C Certificate and insurance details were handed over to the complainant. Exts. P1 to P4 are the documents to prove those contentions of the complainant. Complainant stated that the 2nd opposite party had agreed that all formalities for transfer of ownership with the registration department would be completed and for the same the 2nd opposite party has taken an amount of Rs. 2,000/- as service charge. Ext. P5 is the receipt dated 27.11.2008 for the payment to the RTO towards the registration of the vehicle in the name of the complainant. But nothing was done by the opposite party to change the ownership of the vehicle. On 31.10.2009 the complainant had sent a legal notice to the opposite party. Ext. P7 is the copy of that legal notice. After receiving that notice on 19.11.2009 the 2nd opposite party issued a reply notice stating that the complainant has to produce the election ID card before the registering authority and that the ownership was not transferred due to the non-production of the election ID card. Ext. P9 is the reply notice. The complainant stated that the opposite party thereafter did not take any steps. Hence the complainant issued another notice on 27.02.2010 forwarding with the copies of the election ID card, insurance policy and pollution certificate. It was also made clear that the originals of the copies of the above records will be produced if required. Ext. P10 is the copy of notice dated 27.02.2010. But till the date of filing of the complaint no action has taken by the opposite parties for changing ownership. The complainant has filed this complaint before this Forum on 11.05.2010. Thereafter on 17.06.2010 the RC was got changed in the name of the complainant and the same was received by the complainant from the registering authority. As per Ext. P6 the complainant has taken delivery of the vehicle on 02.12.2008. But the RC was got changed in the name of the complainant only on 07.06.2010, i.e after a long lapse of 2 ½ years. As per the opposite party the reason for the delay is that the complainant had not handed over her ID card to them. We cannot admit that excuse. As per Ext. P5 the 2nd opposite party had accepted the fee for changing the RC Book on 27.11.2008. Hence it is the duty of the 2nd opposite party to collect the relevant documents from the complainant for changing the name in the R.C Book. Nothing was done by the 2nd opposite party till the date of notice i.e; 31.10.2009. Thereafter they issued a reply stating that without producing the copy of election ID card the registering authority would not change the name in the R.C book. This excuse of the 2nd opposite party is not sustainable. The complainant clearly answered in her deposition that “വണ്ടിയുടെ ownership change ചെയ്യാന് ഏതൊക്കെ രേഖകള് വേണ മെന്ന് അറിയാമോ? അറിയാം. ആ രേഖകള് വണ്ടി വാങ്ങിയ അന്ന് തന്നെ അവരെ ഏല് പ്പിച്ചു. ആദ്യം റേഷന് കാര്ഡിന്റെ copy ആവശ്യപ്പെട്ടു. അത് കൊടുത്തപ്പോള് ID proof വേണമെന്ന് പറഞ്ഞു. അതനുസരിച്ച് ID proof കൊ ടു ത്തു. പഴയ legal notice അയച്ചതിന് ശേഷം ID proof കിട്ടിയിട്ടി ല്ലായെന്ന് പറഞ്ഞ് വീണ്ടും എന്റെ കൈയില് നിന്നും copy വാങ്ങിക്കൊണ്ടു പോയി”. From these depositions we find that the complainant had given her ID proof to the 2nd opposite party at the time of payment of the vehicle itself i.e; on 27.11.2008. But the 2nd opposite party changed the name in the R.C book only on 17.06.2010. The complainant in this case succeeded to prove her case. She has produced all the evidence before us to prove that there is unfair trade practice and deficiency in service from the side of 2nd opposite party. As per Ext. P5 receipt the 2nd opposite party has received an amount of Rs. 2,000/- as the payment towards RTO. Hence 2nd opposite party is liable to compensate the complainant for the delay committed for the transfer of the name of the complainant in the R.C Book. For that reason the complainant had suffered too much mental agony and financial loss. Hence the complaint is allowed.
In the result, the 2nd opposite party is directed to pay an amount of Rs. 15,000/- as compensation and costs to the complainant. Time for compliance one month from the date of receipt of the order. Otherwise 12% annual interest shall be paid for the above said amount till the date of realization.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 30th day of November 2012.
Sd/- BEENAKUMARI. A : MEMBER
Sd/-
G. SIVAPRASAD : PRESIDENT
Sd/-
S.K. SREELA : MEMBER
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C.C. No. 138/2010
APPENDIX
I COMPLAINANT'S WITNESS :
PW1 - Dr. Rajalekshmi
II COMPLAINANT'S DOCUMENTS :
P1 - Pre Owned Car Booking form dated 26.11.2008
P2 - Receipt dated 26.11.2008 for Rs. 10,000/-.
P3 - Receipt dated 27.11.2008 for Rs. 1,56,000/-.
P4 - Copy of R.C Book and Pollution Under Control Certificate
P5 - Receipt dated 27.11.2008 for Rs. 2,000/-
P6 - Copy of delivery receipt dated 02.12.2008
P7 - Copy of legal notice dated 31.10.2009
P8 - Acknowledgement cards ( 2 Nos.)
P9 - Reply notice dated 19.11.2009
P10 - Legal notice dated 27.02.2010
P11 - Copy of R.C Book
P12 - Receipt dated 12.07.2010 for Rs. 60/-
P13 - Bajaj Allianz General Insurance company Endorsement
Certificate.
III OPPOSITE PARTY'S WITNESS :
DW1 - Sreejith
IV OPPOSITE PARTY'S DOCUMENTS :
NIL
Sd/-
PRESIDENT
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