JUDGEMENT<br /> By Sri. Pampapathi President:-<br /> <br /> This is a complaint filed by the complainant V. Satyanarayana against opposites 1 & 2 U/sec. 12 of Consumer Protection Act for to direct opposites to deliver the original records of this tractor bearing chasis No. LMT 40002747EP, Engine No. 240104-B Model 2006 and for to direct them to pay compensation amount of Rs. 50,000/- towards mental agony, harassment with cost and other reliefs as deems fit to the circumstances of this case. <br /> <br /> 2. The brief facts of the complainant case are that, he purchased the Tractor Indo Farm bearing Engine No. 240104-B Model 2006 with its temporary registration No. KA-36/T-45 from opposites 1 & 2, at the time of delivery of the tractor opposites assured him to deliver original records of the said tractor after some time, by keeping belief in the assurance of opposites, he took delivery of the tractor and thereafter he requested the opposites to deliver original records of the tractor as those are required to produce before the financier Pragathi Gramina Bank, Sindhanoor. But opposites not delivered the documents by giving one or the other reasons. Therefore this complaint is filed against both of them for the reliefs as prayed in the complaint.<br /> <br /> 3. The Opposites 1 & 2 appeared in this case through their Advocate, filed written version by admitting the fact of purchase of the above said tractor by the complainant from them. But they have contended that all original documents of the said tractor delivered to the complainant, at the time of delivery of the tractor to him. The complainant immediately sold the tractor to some other by deceiving the financier bank, thereafter this false complaint filed against them, there is no deficiency in services on their part and they prayed for to dismiss the complaint among other grounds.<br /> <br /> 4. In-view of the pleadings of the parties. Now the points that arise for our consideration and determination are that:<br /> <br /> 1. Whether the complainant proves that, opposites 1 & 2 not handed over the original documents of his tractor <br /> bearing engine No. 240104B, temporary registration No. KA-36/T-45 purchased from them with belief in the false promise made by them for handing over the original documents at later stage, thereafter opposites not delivered the original documents of the tractor with one or other reasons and thereby both opposites found guilty under deficiency in their services.?<br /> <br /> 2. Whether complainant is entitled for the reliefs as prayed in the complaint.<br /> <br /> 3. What order?<br /> <br /> 5. Our findings on the above points are as under:-<br /> <br /> (1) In the affirmative.<br /> <br /> (2) As discussed in the body of this judgement and as sated in the final order .<br /> <br /> (3) In-view of the findings on Point Nos- 1 & 2, we proceed <br /> to pass the final order for the following :<br /> <br /> REASONS<br /> <br /> POINT NO.1 & 2:-<br /> <br /> 6. To prove the facts involved in these two points, affidavit-evidence of complainant was filed, he was noted as PW-1. Affidavit evidence of witnesses by name Virupanna and Halapur Virupanna have been filed who have noted as PW-2 and PW-3 respectively. The documents Ex.P-1 to Ex.P-10 are marked. <br /> <br /> 7. On the other hand affidavit-evidence of the proprietor opposites 1 & 2 was filed, he was noted as RW-1. No documents filed and marked.<br /> <br /> 8. In the instant case opposites 1 & 2 not denied the purchase of tractor bearing temporary registration No. KA-36/T-45 by the complainant from them. Hence the short point arise for our consideration is that “whether opposites 1 & 2 have delivered original documents of the tractor to the complainant at the time of delivery of the tractor”. <br /> <br /> 9. According to the case of complainant opposites not delivered the original documents to him with false promise that they will deliver after some time. This fact is denied by the opposites, as regard to the sale of the tractor by the complainant to one Ramakrishna immediately after purchase even though Pragathi Gramina Bank Sindhanoor advanced loan on the tractor is not for our consideration, we are required to see as to whether there is deficiency in service by these opposites to the complainant by not delivering the originals it is the duty of the opposites to deliver original records of the tractor to the customer who purchases the tractor from their showroom. In the instant case Ex.P-9 is a material document in which the Pragathi Gramina Bank authorities written a letter to the opposites to furnish original documents of the tractor. This letter supports the case of complainant with the affidavit-evidences of PW- 2 & PW-3. To hold contrary view there are no single document from the side of the opposites or other evidences as they have delivered the original documents to the complainant at the time of delivery of the tractor, in the said circumstances we constrain to hold that the evidence of complainant and evidences of PW-2 & PW-3 along with documentary evidences of the complainant that opposites have made false promise to the complainant at the time of delivery of the tractor to him and now they are avoiding the delivery of the original documents to the complainant by giving one or other reasons, hence the said act of opposites is nothing but deficiency in their services to their customers, accordingly we answered Point No-1 affirmative.<br /> <br /> 10. As regards to the prayer of the complainant is concerned, the opposites 1 & 2 are hereby directed to deliver all original documents of the said tractor to the complainant within one month from the date of this judgement.<br /> <br /> 11. As regards to the other prayer of the complainant is concerned, opposites 1 & 2 jointly and severally are hereby directed to pay an amount of Rs. 3,000/- towards deficiency in their services, further both opposites have been jointly and severally directed to pay an amount of Rs. 2,000/- towards cost of this litigation, totally they have to pay an amount of Rs. 5,000/- jointly and severally within one month from the date of this judgement, accordingly we answered Point No-2. <br /> <br /> POINT NO.3:-<br /> <br /> 12. In view of our findings on Point Nos-1 & 2 we proceed to pass the following order:<br /> <br /> ORDER<br /> <br /> The complaint filed by the complainant is partly allowed with cost.<br /> <br /> The opposites 1 & 2 jointly and severally directed to furnish all original documents pertaining to tractor bearing engine No. 240104B and chasis No. LMT-40002747EP with temporarily registration No. KA-36/T-45 within one month from the date of this judgment.<br /> <br /> Opposite 1 & 2 are hereby directed to pay total amount of Rs. 5,000/- to the complainant jointly and severally.<br /> <br /> Intimate the parties accordingly. <br /> <br /> (Dictated to the Stenographer, typed, corrected and then pronounced in the open Forum on 30-10-09)<br /> <br /> <br /> Sd/-<br /> Sri. Pampapathi,<br /> President,<br /> District Forum-Raichur.<br /> <br /> Sd/-<br /> Sri. Gururaj, Member,<br /> District Forum-Raichur.<br /> <br /> Sd/- <br /> Smt.Pratibha Rani Hiremath, <br /> Member. <br /> District Forum-Raichur.<br /> <br /> <br /> <br />