DISTRICT FORUM :: KADAPA Y.S.R DISTRICT
PRESENT SRI P.V. NAGESWARA RAO, M.A., LL.M., PRESIDENT
SRI S.A. KHADER BASHA, B.Sc., MEMBER.
Monday, 23rd May 2011
CONSUMER COMPLAINT No. 20 / 2011
Annareddy Venkata Ramesh Reddy, S/o Bali Reddy,
aged about 50 years, working as Engineer in panchayatraj,
Kadapa Resident of D.No. 20/1024, Cooperative Colony,
Kadapa-1. ……Complainant
Vs.
Sree Amogha Motors, Rep. by its Dealer S. Sreenivas,
S/o not known, aged about 40 years, Hindu,
Honda Exclusive Authorized dealer, D.No. 7/12,
Chinna Chowk, Kadapa. …..Respondent.
This complaint coming on this day for final hearing on 20-5-2011 in the presence of Sri K. Ravindranath Reddy, Advocate for complainant and Sri P. Bharani Kumar, Advocate for Respondent and upon perusing the material papers on record, the Forum made the following:-
O R D E R
(Per S.A. Khader Basha, Member),
1. Complaint filed under section 12 of the C.P. Act 1986.
2. The brief facts of the complaint are as follows:- The Complainant A. Venkata Ramesh Reddy, is an Engineer working in Panchayat Raj Department, kadapa and he is residing at D.No. 20/1024, Cooperative Colony, Kadapa. He purchased Hero Honda Shine Motor cycle from the showroom of Respondent on 18-1-2010 and took delivery on the same day. Respondent has issued temporary registration No. AP 04 TJTR 9331 on 20-1-2010 by mentioning the Engine No. JC36E958876 and Chassis No. ME4JC366AA837471 instead of ME4JC366AA8367471 which was mentioned in the invoice dt. 18-1-2010. Due to wrong chaises number which was mentioned in the temporary registration mark the RTA, Kadapa have not issued Registration certificate and permanent number to his vehicle. The New India Assurance Co. Ltd., has also insured his vehicle with correct chasis number i.e. ME4JC366AA8367471. Due to mistake committed by the Respondent the Complainant is not in a position to ride the motor cycle on the road as the police are checking about the permanent registration number of the vehicle of the Complainant. Ten months have been lapsed and the RTA, Kadapa has not issued Registration Certificate or permanent number to the vehicle of the Complainant.
3. Due to the negligence of the Respondent in mentioning wrong chassis number, the Complainant suffered a lot in riding the motor cycle on the road for the past 10 months and he is not in a position to take the vehicle for camps and he suffered mentally for giving explanations to the police, while checking the vehicle for not having Registration certificate. In spite of repeated demands and issuing a notice to the Respondent on 23-11-2010, the Respondent failed to make any attempt to rectify the mistake committed by him in obtaining the Registration certificate.
4. On account of deficiency of service and negligence in discharging the legitimate duty of the Respondent the Complainant suffered mentally and the same cannot be estimated in terms of money. However, mental agony is estimated at Rs. 1,00,000/-and it is the bounded duty of the Respondent to obtain Registration Certificate to his vehicle from Transport Authorities, as such the Respondent is liable to pay Rs. 1,00,000/- to the Complainant and the Respondent is also liable to obtain Registration Certificate from Transport Authority to his vehicle. Hence, he filed a complaint before this Forum with a request to pass an Award in his favour directing the Respondent to pay Rs. 1,00,000/- with interest @ 12% p.a. from the date of purchase of the vehicle and to direct the Respondent to get the Registration certificate from the Transport Authorities with regard to his vehicle and to pay cost of the Complaint.
5. The Respondent has not filed any counter in this case.
6. On the basis of the above pleadings the following points are settled for determination.
i. Whether the complainant is entitled to the relief as prayed for?
ii. To what relief?
7. Point No. 1 The Respondent had filed a memo on 29-4-2011 along with original Registration Certificate stating that the RTA, Kadapa had lot of similar applications which are pending for registration. The delay is caused. Now the Respondent registered the vehicle of the Complainant in RTA, Kadapa and obtained original Registration Certificate and RTA, Kadapa had issued registration No. AP 04 AG : 3990, dt. 19-4-2011. the Respondent also paid renewal premium of insurance on behalf of the Complainant.
8. The Complainant filed as many as seven documents along with this complaint. In view of the Respondent filing a memo along with original Registration Certificate, the documents filed by the Complainant are not marked. The original Registration Certificate filed by the Respondent was delivered to the Complainant on 20-5-2001 in the open court by this forum under proper acknowledgement in the presence of his counsel.
9. In view of the memo filed by the Respondent it is clear that there is delay in Registering the vehicle and obtaining permanent registration number to the vehicle of the Complainant and there is a gross negligence on the part of the Respondent, who failed to discharge his legitimate duties and provide adequate service to the Complainant who purchased a two wheeler from the shop of Respondent. In view of these circumstances the Complainant deserves full consideration in his favour. Hence, the points are answered accordingly.
10. Point No. 2. In the result, the complaint is allowed, directing the Respondent to pay Rs. 5,000/- (Rupees Five Thousand Only) towards mental agony and Rs. 500/- (Rupees five hundred only) towards costs, payable direct to the Complainant within 30 days from the date of receipt of the order. The rest of the claim is dismissed.
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open forum, this the 23rd May 2011
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant NIL For Respondent : NIL
Exhibits marked for Complainant : -
Exhibits marked for Respondent : -
MEMBER PRESIDENT
Copy to
1) Sri K. Ravindranath Reddy, Advocate for complainant.
2) Sri P. Bharani Kumar, Advocate for Respondent.
1) Copy was made ready on
2) Copy was dispatched on
3) Copy was delivered to parties
B.V.P.
