BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT:

SHRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENA KUMARI. A : MEMBER

SMT. S.K. SREELA : MEMBER

C.C. No: 69/2007

Dated : 15..01..2009

Complainant:

V.C. Thankappan, Thanka Mahal, Nellimoodu – P.O. 695 524.

Opposite parties:

1. The Manager, Sarathy Auto Cars, PTC Tower, SS Koil Road, Thampanoor, Thiruvananthapuram.

2. Manager, Sarathy Autocars, Pallimukku, Kollam.

(By Adv. Sri. G.S. Kalkura)

This O.P having been heard on 06..12..2008, the Forum on 15..01..2009 delivered the following:

ORDER

SMT. BEENA KUMARI. A., MEMBER:

The complainant booked a Maruti Alto Car from the opposite parties on 19..08..2005 through the Sales Officer of the opposite parties. The complainant had taken delivery of the vehicle on 06..09..2005. Then the representative of the opposite party assured that they will be given the RC book of the vehicle after paying the tax and insurance and they charged the amount for that purpose from the complainant. But the opposite parties did not give the RC book to the complainant till date. As per the complaint it is very difficult to use the car without RC book and other documents. The complainant also alleged that the address shown in the order form and the address in insurance papers are different. The opposite parties did not turn up to correct the address in the documents till now. Hence the complainant approached before this Forum for the redressal of his grievances. He claims Rs.2,00,000/- as compensation.

2. The opposite parties, the Sarathy Auto cars remain ex-parte.

3. Points that would arise for consideration are:

1. Whether there is deficiency in service from the side of opposite parties?

2. Whether the complainant is entitled to get the reliefs and costs?

4. Points (i) & (ii): The complainant in this case filed affidavit and produced 5 documents. The documents are marked as Exts.P1 to P5. Ext.P1 is the rough statement prepared by the opposite parties about the total amount the complainant has to pay. Among this statement Rs.2,000/- is shown as Registration cost. Ext.P2 is the order booking form, Ext.P3 is the delivery receipt. Ext.P4 is the invoice and Ext.P5 is the temporary receipt. The complainant suffers so much difficulties to use the car without RC book. It is the duty of the opposite parties to make arrangements to get the RC book to the complainant. In this case the opposite parties have not turned up to explain the reason for the non-issuance of the RC book, pertaining to the complainant's vehicle. The opposite parties have not denied the allegation levelled against them by the complainant. In such a circumstance we find that the complainant has established his case with his pleadings and documents and we find that there is deficiency in service on the side of opposite parties in not issuing the RC book to the complainant.

In the result the opposite parties are directed to issue the RC book of the vehicle to the complainant within one month. And also shall pay Rs.2,000/- (Rupees two thousand only) as compensation and Rs.500/- (Rupees five hundred only) as cost. Time for compliance is one month, thereafter 9% annual interst shall also be paid to the above said amount till realization.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 15^th day of January, 2009.

BEENA KUMARI.A., MEMBER.

G. SIVAPRASAD,

PRESIDENT.

S .K. SREELA,

MEMBER.

ad.

CC. No. 69/2007

APPENDIX

I. Complainant's witness:

PW1 : V.C.Thankappan

II. Complainant's documents:

P1 : Photocopy of estimate for Rs.2,86,515/- issued by the opp. Party.

P2 : " order booking form dated 19..08..2005

P3 : " delivery receipt dated 06.09.2005

P4 : " invoice No.61375 dated 06.09.05 for Rs. 243678

P5 : " temporary receipt dated 29.08.2005

III. Opposite parties' witness: NIL

4. Opposite parties' documents: NIL

PRESIDENT