Between:

S.A.Iqbal, S/o M.Abdul Khadar,

H.No.18/170, Kadakpura Street Kurnool – 518 001.                 

        …Complainant

                                                    -Vs-      

The Branch Manager, Shriram City Union Finance Limited,

H.No.50/760-A, 1^st Floor, Saibalaji Complex, Gayatri Estates, Branch – II, Kurnool – 518 002.                                                      

...Opposite ParTy

.

This complaint is coming on this day for orders in the presence of Sri. P.Siva Sudarshan, Advocate for complainant and Sri.E.Giddaiah, Advocate for opposite party and upon perusing the material papers on record, the Forum made the following.

                                              ORDER

(As per Smt. S.Nazeerunnisa, Lady Member)                                                             C.C. No.24/2012

1.     This complaint is filed under section 11 and 12 of C.P. Act, 1986 praying:-

(a)        To direct the opposite party to return the amount a sum of Rs.95,000/- with interest at the rate of 24% per annum to complainant from 06-09-2006 till the date of realization;

(b)        To grant a sum of Rs.50,000/- towards mental agony;

(c)         To grant the cost of the complainant;

                         And

(d)        To grant any other relief as the Honourable Forum deems fit and

      proper in the circumstance of the case.

2.     The case of the complainant in brief is as under:- The complainant purchased the seized vehicle bearing No.AP05 AB 9159 from the opposite party for Rs.95,000/-.  After payment of amount the complainant requested the opposite party for original records of the vehicle to get fresh registration certificate.  On 25-03-2010 the opposite party handed over the vehicle to the complainant and requested the complainant to take steps to transfer the vehicle in his name or to refund the amount of Rs.95,000/-.  Even after three months the opposite party did not take steps for transfer of the vehicle.  Hence the complainant issued the legal notice on 29-06-2010.  The opposite party received the notice but did not give any reply.  The opposite party did unfair trade practice.  Hence the complaint.

3.     Opposite party filed written version stating that the complaint is not maintainable.  The complainant purchased the seized vehicle for Rs.95,000/- from the opposite party.   The original owner purchased the vehicle on finance.  The said vehicle was seized by the opposite party from the original owner as he committed default in payment of installment.  On 25-03-2010 the complainant was requested to handed over the vehicle for getting registration.  The complainant gave the vehicle to the opposite party.  The vehicle was transferred in the name of the opposite party on 30-08-2010.  After transfer of the vehicle the complainant was requested to get the FRC in his name but he did not turn up and postponed the same.  The complainant enjoyed the vehicle for four years.  The complainant is not entitled for Rs.95,000/-.  The complaint is liable to be dismissed. 

4.     On behalf of the complainant Ex.A1 to A9 are marked and sworn affidavit of the complainant and third party affidavit of Sri.J.Prabhakar Reddy are filed.  No evidence is let in by the opposite party.

5.     Both sides filed written arguments.

6.     Now the points that arise for consideration are:

                     i.        Whether there is deficiency of service on the part of Opposite Party?

                    ii.        Whether the complainant is entitled for the reliefs as prayed for?

                  iii.        To what relief?

7.      POINTS i and ii:-   Admittedly the complainant purchased the seized vehicle bearing No.AP05 AB 9159 from the opposite party for Rs.95,000/- on 06-09-2006.  Ex.A1 is the receipt showing the purchase of the said vehicle by the complainant from the opposite party for Rs.95,000/-.  Admittedly the said vehicle was in possession of the complainant till 25-03-2010.  No evidence is placed by the complainant to show that he demanded the opposite party to provide original records to get the vehicle transferred in his name.  It is the case of the complainant that he handed over the vehicle to the opposite party on 25-03-2010.  It is further case of the complainant that the opposite party did not take steps to transfer of the vehicle in his name.  It is the case of the opposite party that the vehicle was taken possession from the complainant on 25-03-2010 to get registration by the producing the vehicle before the R.T.O.  It is further case of the opposite party that the vehicle was transferred in its name on 30-08-2010.  The opposite party filed Form No.24 along with written version.  It reveals that the vehicle was transferred in the name of the financier with effect from 30-08-2010.  The opposite party got issued a legal notice to the opposite party on 29-06-2010.  The opposite party received the said notice, Ex.A4 is the postal acknowledgement.  The opposite party after receiving the said legal notice got the vehicle transferred in its name on 30-08-2010.  It is the case of the opposite party that after getting the vehicle transferred in its name the complainant was requested to get fresh registration certificate in his name, but he did not turn up.  Admittedly at present the vehicle is in possession of the opposite party.   The complainant used the vehicle from the date of the purchase i.e., 06-09-2006 to 25-03-2010.  It appears that the complainant did not take steps to get the vehicle transferred in his name.  In the circumstance it is just and proper to direct the opposite party to return the vehicle bearing No.AP05 AB 9159 to the complainant.  The complainant is at liberty to get the vehicle transferred in his name after paying necessary fee etc. There is no justification in claiming Rs.95,000/-. 

8.     In the result, the complaint is partly allowed directing the opposite party to return the vehicle bearing No.AP05 AB 9159 along with relevant documents to the complainant. After taking possession of the said vehicle the complainant is at liberty to get the vehicle transferred in his name.

        Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 14^th day of November, 2012.

Sd/-                                   Sd/-                              Sd/-

MALE MEMBER                  PRESIDENT                             LADY MEMBER

                                 APPENDIX OF EVIDENCE

                                    Witnesses Examined

For the complainant : Nill            For the opposite party : Nill

List of exhibits marked for the complainant:-

Ex.A1                Amount Received Receipt for Rs.95,000/- issued by

                Shriram City Union Finance Limited dated 06-09-2006.                                                      

Ex.A2                Letter of complainant addressed to the opposite party

                dated 25-05-2010.

Ex.A3                Office copy of Legal Notice dated 29-06-2010.

Ex.A4                Postal Acknowledgement.

Ex.A5                Photo copy of F.I.R. in Crime No.268/2006

dated 26-03-2006.

Ex.A6                Photo copy of Charge Sheet dated 06-04-2006.

Ex.A7                Photo copy of Seizure Report in Crime No.37/2006

dated 07-07-2006.

Ex.A8                Photo copy of Deposition of Panduranga Rao

dated 18-02-2010.

Ex.A9                Cash Bill for Rs.20,527/- issued by Reddy Auto Garrage

                dated 12-10-2006.

List of exhibits marked for the opposite party:- NILL

Sd/-                                   Sd/-                             Sd/-

MALE MEMBER                PRESIDENT                         LADY MEMBER

    // Certified free copy communicated under Rule 4 (10) of the A.P.S.C.D.R.C. Rules, 1987//

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