By Sri. Mohamed Ismayil.C.V, Member

The grievances of the complainant is as follows:-

1.    The complainant had sold his Motor cycle numbered as KL-10-AA-8750 (2007 model Bajaj Discover 135ES) to the opposite party for Rs. 7000/-(Rupees Seven thousand only) on 23/11/2015.  On the same day, the complainant had purchased CB Unicorn 160 Motor Bike (KL-71-B 8949) from the opposite party after availing financial assistance of Rs. 89,000/-. According to the complainant, after the repayment of the vehicle loan, the opposite party issued clearance certificate in favour of the complainant. At the time of sale of the Motor Cycle No. KL-10-AA-8750, the opposite party had assured the complainant to transfer the ownership in favour of the intended purchaser by the opposite party.  But in the month of last March, the complainant came to know that the ownership of the vehicle was not transferred from the complainant to the favour of purchased owner.  The complainant did not make any enquiry trusting the words of the opposite party for the last 5 years.  The opposite party committed deficiency in service.  The opposite party was agreed to change the ownership from the complainant at the time of the disposal of the vehicle.  But in the registration certificate owner remained  unchanged due to the negligent act of the opposite party.  It is stated by the complainant that if the vehicle is involved in any kind of criminal offences the liability would be fastened on the complainant.  The complainant has suffered mental agony and hardship due to the act of the opposite party and also undergone financial constraints. So complainant approached the Commission to get compensation from the opposite party.  The complainant prayed for a direction to the opposite party to pay Rs. 70,000/-(Rupees Seventy thousand only) to the complainant for sufferings of mental agony and hardship and Rs. 30,000/-(Rupees Thirty thousand only) as compensation for the inconvenience caused due to the act of the opposite party.

2.      The complaint is admitted on file and notice issued to the opposite party by the Commission.  The opposite party appeared and filed version.

3.       The opposite party denied the allegations raised by the complainant.  It is stated that the opposite party is the sub dealer of authorised dealer name Uniride Honda, Malappuram.  According to the opposite party, it is usually arranging vehicle from the above said Uniride Honda when the customer are approached for purchasing a vehicle. It is admitted by the opposite party that the complainant had approached for CB Unicorn-160 bike and the opposite party had arranged the same and done necessary things for the registration of the vehicle.  But the opposite party denied the allegation of purchase of the vehicle number KL-10-AA-8750 from the complainant.  The opposite party contended that there was no business of purchase and resale of used vehicle by the opposite party.  The opposite party also denied the issuance of document produced by the complainant showing the purchase of the vehicle by the opposite party.  The opposite party stated that, there was no authenticity of ownership with regard to alleged issuance of receipt.  It is further stated by the opposite party that the opposite party is going to make a complaint of forgery against the complainant.  It is stated in the version that there was no deficiency in service on the part of the opposite party.  The opposite party also denied the claim of the complainant for the sufferings of mental agony and hardship.  The opposite party has no liability to pay compensation for non transfer of ownership of the vehicle by the purchaser.  The complainant was not entitled for any relief as claimed in the complaint.  The act of the opposite party never caused any loss to the complainant.  Under the above stated circumstances, the opposite party prayed for dismissal of the complaint with compensatory cost.

4.       The  complainant filed an interim application numbered as IA No.215/2020 for 

amendment of  the complaint  and  same is allowed by the Commission.  It was stated  in the application  that name  of the institution  mentioned in the  document schedule has  to be corrected  and same was carried  out  by the complainant as per  the order of the Commission.

5.       The complainant filed affidavit and documents.  The documents were marked  as Exts. A1 to A5 documents.  Ext.A1 document is the copy of certificate of registration of the vehicle No. KL-10-AA-8750.  Ext. A2 document is the copy of certificate of registration of the vehicle No. KL-71-B-8949.  Ext. A3 document is the copy of termination letter issued by the financier related to loan availed for the vehicle No. KL-71-B-8949.  Ext. A4 document is the copy of loan closure letter issued by the financier to the complainant.  Ext. A5 document is the copy of undertaking issued by the opposite party to the complainant related to purchase of vehicle No. KL-10-AA-8750.

6.    Heard both sides in detail.  Perused documents and affidavits availed for scrutiny.  The Commission considered the following points adjudication of the case. 

1.  Whether the opposite party has committed any kind of deficiency in service towards the complainant. 
2. What will be the relief and cost to be awarded.

7.      Point No. 1 and 2:-

         The complainant alleged that he had sold his Motorcycle (No.KL-10-AA-8750) to the opposite party for a consideration of Rs. 7,000/- at the time of purchase of a new Motor Cycle from the opposite party.  The complainant produced copy of Certificate of registration of vehicle No. KL-10-AA-8750 showing the ownership   in favour of the complainant and same is marked as Ext. A1 document. It is stated by the complainant that he sold the vehicle No.KL-10-AA-8750 to the opposite party after getting assurance of transfer of certificate of registration by the opposite party in favour of the expected purchaser. The complainant produced copy of purchase letter issued by the opposite party showing the purchase of KL-10-AA-8750 number Motor Cycle by the opposite party and same is marked as Ext. A5 document.  But after a long span of 5 years, the complainant came to know that the above stated vehicle is using without transferring the ownership from the name of the complainant.  According to the complainant, he purchased a new vehicle from the opposite party after availing a loan from the financier and the complainant even repaid the entire loan amount.  The complainant produced copy of termination letter of the loan issued by the financier and same is marked as Ext. A3 document.  The complainant also produced copy of loan closure letter and same is marked as Ext. A4 document by the Commission.  According to the complainant even after closure of loan, the opposite party did not take any step to transfer the ownership of his old vehicle in favour of the present user.

8.    The opposite party, on the other hand, challenged the contention of the complainant by stating that as there was no purchase of vehicle from the complainant.  According to the opposite party, there was no resale business from the side of the opposite party and opposite party is sub dealer of authorised dealer of Uniride Honda, Malappuram.  The opposite party denied the issuance of Ext. A5 document in favour of the complainant and challenged the authenticity of Ext. A5 document. 

9.      In the evaluation and reading of evidence available before the Commission, it can be seen that the opposite party admitted the purchase of vehicle No. KL-71-B-8949 by the complainant from the opposite party.  Even though the opposite party  challenged  the sanctity of  Ext. A5 document, no evidence  is adduced to prove  the contentions raised in the version  as well as in the affidavit.  The opposite party had stated in the version that the opposite party is going to take legal action against the complainant alleging forgery of Ext. A5 document.  But even in the affidavit filed on 11/11/2022, the opposite party reiterated that the legal steps are going to take against the complainant on the charge of forgery.  At the same time, it can find that no action was taken against the complainant so far alleging forgery of Ext. A5 document.  So in this situation, Commission finds that the Ext. A5 document is issued by the opposite party at the time of purchase of the vehicle No. KL-10-AA-8750 from the complainant.  The contents of Ext. A5 document clearly shows that the complainant sold his vehicle No. KL-10-AA-8750 to the opposite party in exchange to newly purchased vehicle as per Ext. A2 document from the opposite party.   So the Commission rejects the pleadings of the opposite party that there was no resale business and it did not purchase a vehicle from the complainant.   The opposite party   also did not take any contention to the effect that ownership of the vehicle No. KL-10-AA-8750 is not in favour of the complainant.  The Commission finds that the opposite party had committed deficiency in service towards the complainant by the act of negligence.   It has come out in the evidence that the opposite party has failed to transfer the ownership from the name of the complainant in to the favour of new purchaser of the above said vehicle.  The act of opposite party is a serious lapse  and so  the consequences of the negligent act may go to any unlimited area of danger and  thus deficiency  in service is committed by the opposite party  and hence the complaint is allowed in the following manner:-

1.  The opposite party is directed to  pay compensation of Rs. 1,00,000/- (Rupees One lakh only) to the complainant  for  the sufferings of mental agony  and hardship  due to the act of the opposite party.
2. The opposite party is directed to take steps to change  the ownership of vehicle No.KL-10-AA-8750 from the complainant  after bearing entire cost  of transfer  of  ownership.
3. The opposite party is also directed to pay Rs. 10,000/- (Rupees Ten thousand  only) to the complainant  as cost of  the proceedings. 

        The opposite party shall comply this order within 30 days from the date of receipt of copy of this order otherwise the entire amount shall carry 9% interest per annum, from the date of order till its realisation.

Dated 8^th  day of May, 2023.

MOHANDASAN K., PRESIDENT

PREETHI SIVARAMAN C., MEMBER

MOHAMED ISMAYIL C.V., MEMBER

APPENDIX

Witness examined on the side of the complainant                            : Nil

Documents marked on the side of the complainant                          : Ext.A1to A4

Ext. A1 : Document is  the copy of Certificate  of registration of vehicle No. KL-10-AA-

                 8750. 

Ext. A2 : Document  is the copy of Certificate of Registration  of the vehicle No. KL-71-

                B-8949. 

Ext. A3 : Document is the copy of termination letter issued by the  financier related

                 to loan  availed for the vehicle No. KL-71-B-8949. 

Ext. A4 : Document is the copy  of loan closure letter  issued  by  the  financier  to the

                complainant . 

Ext. A5: Document  is the copy  of undertaking  issued by the opposite party to the

               complainant  related  to purchase of vehicle No. KL-10-AA-8750.

Witness examined on the side of the opposite party                         : Nil

Documents marked on the side of the opposite party                        : Nil

MOHANDASAN K., PRESIDENT

PREETHI SIVARAMAN C., MEMBER

MOHAMED ISMAYIL C.V., MEMBER