THURSDAY, THE 13^TH DAY OF NOVEMBER, 2014

C.C.NO.28 OF  2014

Between:

SRI BVPN KANNAYYA SASTRY S/O KRISHNA MURTHY,

HINDU, AGED 48 YEARS, COCO-COLA DISTRIBUTOR,

RESIDING AT GUNTURU VARI STREET, VIZIANAGARAM.

                                           …Complainant                  

And

1.THE BRANCH MANAGER, SRIRAM TRANSPORT FINANCE

COMPANY LIMITED, 7 ROAD JUNCTION,

NEAR ICICI BANK, SRIKAKULAM.

2.THE BRANCH MANAGER SRIRAM TRANSPORT FINANCE

COMPANY LIMITED, VIZIANAGARAM.

3.THE REGIONAL MANAGER SHRIRAM TRANSPORT FINANCE

COMPANY LIMITED, VIJAYAWADA.

4.THE MANAGER, SHRIRAM TRANSPORT FINANCE COMPANY

LIMITED, 3^RD FLOOR, MOOKIMBIKA COMPLEX, NO-4

LADY DYNIKA ROAD, MYLAPUR, CHANNIE, TAMILNAIDU.

                                     …Opposite Parties

      This complaint is coming on for final hearing before us in the presence of SRI R.RAMA RAO, Advocate for the complainant and SRI G.RAMAMOHANA RAO, Advocate for the 3^rd Opposite Party, and having stood over for consideration, the Forum made the following:-

O R D E R

GANTA APPALA NAIDU, MEMBER

     This complaint is filed U/s-12 of Consumer Protection Act, 1986 seeking reliefs to direct the Opposite Parties to hand over the Original C-Book and other Documents; to release the vehicle from RTI, Vizianagaram by the Complainant for vehicle i.e., TATA ACE B.S., III 2010 MODEL bearing no. AP30V 9733 or in default to pay the auction amount of Rs.2,17,372/- with interest @24% p.a., till the date of order; to hand over the C-Book and other documents of Auto bearing No.AP31 TW 0609, 2009 MODEL Xtra LD-BS.II Model or in default, to pay the auction amount of Rs.38,103/- together with interest @ 24% p.a., till the date of order to pay Rs.50,000/- towards compensation for mental agony and deficiency of service for the seized vehicle by the staff of RTI for want of non production of original C Books and transfer forms and Rs.50,000/- as compensation for deficiency of service for want of original C-book and transfer of auto due to which auto was not utilized for business and to pay the costs of the complainant on the following averments:-

1.   The complainant participated in the public auction on 18-5-2011 conducted by the OP no.1 at seized vehicle’s yard i.e., TATA ACE BS III 2010 Model bearing No.AP30V9733 for the purpose of his business distribution of goods at Vizianagaram and paid 10% of bid amount of Rs.2,377/- and Rs.1,678/- towards tax on the spot i.e., 18/5/2011 and paid the balance of Rs.1,93,372/- on 23-5-2011 at the office of the OP NO.2 at Vizianagaram vide receipt no.AD7086742 AND TOOK delivery of the said vehicle through delivery letter dated 26-05-2011.

2.   The complainant also purchased seized auto bearing no.AP31TW 0609/2009 Model Xtra ID-VS II Model for his business on the same day of public auction i.e., 18-5-2011 and paid 10% of bid amount of Rs.12,000/- and Rs.1,103/- cheques on the spot and paid the balance auction amount of Rs.23-5-2011 and took delivery from the Andanpuram yard of the company on 27-05-2010. While taking delivery of the afore said vehicles, the complainant asked the OP for the original C book and other forms of transfer of the vehicle. The complainant asked the OP for the original C Bok and other forms of transfer of the vehicle. However, the OP no.1 promised to hand over the same in a short period but despite a number of visits and approaches made by the complainant, the OP no.1 failed to hand over the original documents of the said vehicle. Ultimately, the complainant diced to hand over the vehicle bearing AP 30V 9733 on 15-5-2013 and while he was taking the said vehicle to hand over the same, the OP no.1 the staff of regional transport authority, Vizianagaram seized the vehicle for non production of original C book and forms of transfer in the name of the complainant. Thus there is deficiency in service on the part of the OP due to their failure to return the original C book of two vehicles and the related forms for transfer. Therefore, the complainant got issued two separate notices on 18-9-2013 to the OP demanding them to release the seized vehicle from RTI, VIZIANAGARAM in default to pay the auction amount with interest @ 24% p.a., but the Ops having acknowledged notices failed to comply the demand of the complainant. Due to deficiency on the part of the Ops, the complainant could not make use of the two vehicles for his business purpose, the complainant could not make use of the two vehicles for his business purpose and accordingly sustained loss and mental agony. The complainant estimated the compensation for mental agony and for deficiency of service on thepart of the Ops @ Rs50,000/- for Auto and Rs.50,000/- for Transport Vehicle van as the vehicles were retained without use for want of original C Book and that transfer forms and hence this complaint.

3.   The Ops did not file counters or evidence affidavit or brief written arguments eventhough notices were served on Ops 1, 2 and 4 but notice sent to OP3 was returned as he left. Sri G.Ramamohana Rao filed Vakalat for OP3 but counter  for OP3 was not filed. Ops 1,2,3 and 4 were called absent. Evidence affidavit of complainant and brief written arguments of the complainant were filed.

4.   The complainant filed Temporary/cash receipts obtained from Sri Transport Finance Company Limited as under for the 2 vehicles No. receipt bearing No.3999302 dated 18-5-2011 for Rs.21,628/- relating to vehicle bearing No.AP30V 9733 2) Receipt bearing No.21105230066 dated 23-5-2011 obtained for Rs.1,93,372/- for vehicle bearing No.AP30U9733 3) Receipt bearing No.4166152 dated 18-5-2011 obtained for Rs.2,372/- 4) Receipt bearing No.3999306 dated 18-5-2011 for Rs.12,000/- in respect of vehicle bearing No.AP31TW0609. receipt bearing no. 4106156 dated 18-5-2011 obtained for Rs.1103/- in respect vehicle baring NO.AP31PW0609 6) receipt bearing NO.21105230065 dated 23-5-2011 obtained for Rs.25,000/- ( in respect of vehicle baring no.AP31 TW 0609)

5.   The delivery letter obtained by the complainant from Shri varaun Finance Company Limited on 27-5-2011 for vehicle bearing n. AP31 TW 0609 ad deliver letter was obtained from the said company on 26-5-2011 for vehicle bearing No.AP30V 9733. Exhibits A1 to A7 are  marked on behalf of the complainant and no exhibits are marked on behalf of the Ops. Heard arguments. Posted for arguments. The orders as follows:  eventhough the notices were served on the Ops, they have neither filed counters nor evidence affidavits / brief written arguments, all the Ops were called absent in spite of the notice served on them and also having received and acknowledged the registered lawyer’s notice dated 18-9-2013. Event hough the Sri G.Ramamohana Rao filed Vakalat for OP3, he was also called absent and the concerned advocate also did not repay the matter. The counsel for the complainant advanced arguments by reiterating what was stated in the complaint, evidence affidavit and brief written arguments respectively; since the contents of the complaint remain uncontroverted by the Ops, the facts narrated in the complaint are deemed to be treated as accepted by the Ops. Further the complainant presented his exhibits through her advocate that transport vehicle bearing No.AP36 9733 WAS SEIZED by the RTI authorities for want of non production of original C book and other forms of transfer and the auto bearing no.AP31 TW 0609 could not be operated for want of original c book and other forms of transfer resulting in total loss of business besides subjecting him to untold suffering, misery and mental agony, there is clear deficiency of service and negligence on the part of the Ops and hence he is entitled to all the reliffs prayed for in the complaint.

Even from the material available o record, the Ops  did not prefer to file counters, evidence affidavits and written arguments and also did not prefer to present their arguments either in person or through an advocate and accordingly the contents in the complaint remains uncontroverted as the Ops did not contest the same at any point of time  of during of entire proceedings in this Forum. Therefore, all the Ops jointly and severally liable to comply the reliefs prayed for in the complaint by the complainant.

In view of the above discussion, we are of the well considered view that the complaint is liable to be allowed in part:

14.  In the result, the complaint is partly allowed directing all the Ops jointly and severally to hand over the Original C-Book and other related documents in respect of the transport vehicle i.e., TATA ACE BS III 2010 Model bearing No.AP3029733 AND ALSO RELEASE THE same from the RTI vizianagaram or in default pay the auction amount of Rs.2,17,372/- with interest @ 9% p.a., from 26-5-2011 till the date of actual realization. The Ops are further directed to hand over the C-Book and other documents of Auto bearing No.A31TW 0609 OF 2009 Model/Xtra LD-BSII Model or in default pay the auction amount of Rs.38,103/- with interest at 9% p.a., from 27-5-2011 till the date of realization. The Ops are further directed to pay compensation of Rs.10,000/- each on the afore said 2 vehicles besides costs o Rs.5,000/- towards the complaint, which includes Advocate fee of Rs.1,000/-. Time for compliance order is 40 days from to day.

Dictated to the Steno, transcribed by him, corrected by me and pronounced by us in the open Forum, this the 13^th November, 2014.

President                                       Member                                                                

C.C.No.28 of 2014

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For Complainant:-                   For Opposite Party:-

PW 1.                              RW 1.

                        DOCUMENTS MARKED

For Complainant:-

For Opposite Parties:-        

PRESIDENT                                     MEMBER