Date of Filing : 23-12-2008 Date of Order : 06-07-2009 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD C.C.No.302/08 Dated this, the 6th day of July 2009. PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SHYMALADEVI : MEMBER K.J. George, S/o.Late Joseph, R/at Kallamkulam House, } Complainant Parapa.Po, Nileshwar. (Adv. Rejitha, Hosdurg) 1. The Manager, Naman’s TVS Service Centre, Kovvalppally, Kanhangad.Po. (Adv. A.B.Nair, Kasaragod) } Opposite parties 2. The Manager, TVS Finance and Service Lts. Noor Complex, First floor, Mavoor Road, Kozhikode. (Exparte) O R D E R SRI.K.T.SIDHIQ, PRESIDENT Complainant purchased a TVS Victor GX motor bike bearing Reg.No.KL-14/E 6784 on 23-05-06 from opposite parties. The bike was purchased with a loan availed from opposite parties. As per the stipulation the complainant would pay back the loan amount in 35 equated monthly instalments from 10-07-06. The petitioner has been regularly paying the equated monthly instalments till date. Opposite parties had provided the complainant only an attested copy of the RC of the vehicle valid for a period of 6 months. The original RC and insurance certificate were retained by opposite parties as a security. The opposite parties under took that after the lapse of every 6 months they would renew the attested copy of the RC and that would be given to the petitioner. But opposite parties have not issued the renewed attested copy of RC to the complainant. As a result the complainant could not ply the vehicle for want of documents and there by he suffered. Hence the complaint. 2. Opposite party No.1 appeared and filed their version. According to opposite party No.1 they were only the dealers of the vehicle and the vehicle documents are not in their custody and they have not made any financial arrangements for the loan availed by complainant from opposite party No.2. 3. Eventhough notice sent by registered post is served on opposite party No.2 they remained absent. Hence opposite party No.2 was set exparte. 4. Complainant filed affidavit in support of his claim Exts A1 to A6 marked . For opposite party No.1 M. Sreedharan Nambiar, Manager Namm’s TVS Service Centre filed affidavit. Both sides heard and the documents perused. 5. The non-issuance of a renewal RC copy once in every 6 months is definitely cause difficulties and hardships to a vehicle owner using the vehicle. Plying a vehicle in public road without valid documents will attract various charges under Motor Vehicles Act. Therefore it is mandatory to keep valid vehicle documents. Therefore the non-issuance of renewed attested copy of RC is definitely a deficiency in service on the part of opposite party No.2. Therefore complaint is allowed and opposite party No.2 is directed to issue renewed attested RC of the vehicle bearing Reg.No.KL-14 F/6784 to the complainant. Opposite party No.2 further directed to pay a compensation of Rs.10,000/- and a cost of Rs.2500/-. Opposite party No.1 exonerated from liabilities. Time for compliance is limited to 30 days from the date of receipt of copy of order. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Exts. A1.Photocopy of RC A2. Photocopy of TR5. A3.Photocopy of Vehicle Sales Invoice. A4. Copy of lawyer notice. A5. Reply notice. A6.30-09-08 copy of lawyer notice. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Pj/ Forwarded by Order SENIOR SUPERINTNDENT
......................K.T.Sidhiq ......................P.P.Shymaladevi ......................P.Ramadevi | |